Lisa A. Ketcher v. Fredrick H. Ketcher (2011)

Owens, Howard T., J.T.R. Opinion TitleMEMORANDUM OF DECISION The plaintiff whose birth name was Lisa Egleston and the defendant intermarried on May 20, 1990 at Lenox, Massachusetts.   There are two children issue of the marriage, Leland J. Ketcher, born March 19, 1995, and Caroline M. Ketcher, born August 16, 1997.   Neither of the parties is a recipient of assistance by the State of Connecticut and the court has the requisite jurisdiction.   The marriage has broken down irretrievably and a dissolution is granted.   The plaintiff is 52 years old and the defendant is 63.   The parties lived together for approximately 5 years until their marriage in 1990.   It is a marriage of approximately 21 years.   The defendant has three children by a prior marriage.   The parties have two children of this marriage.   During the first ten years of the marriage the parties' lifestyle was both luxurious and excessive.   While the plaintiff spent a great deal of time during the course of the trial going over income, expenses, assets and liabilities of the parties, particularly in the later stage of the marriage, the long and short of it—there is no cash hoard and no failure on the part of the defendant to disclose assets.   The examination of the defendant as well as the discovery conducted by the plaintiff's attorney was exhaustive.   No stone was left unturned.   The plaintiff other than being an excellent mother and housewife testified to sexual excesses by the defendant that she claimed were unbearable.   Without detailing her family background there were claims of serious sexual abuse directed toward her by members of her family.   This obviously set an uncomfortable tone.   The defendant was clearly not sensitive to her wishes or needs.   The plaintiff was passive at the beginning of the marriage and the defendant is bold and strong willed.   As the defendant's assets diminished the marriage regressed.   After hearing all of the claims relating to fault the Court finds that the defendant is primarily responsible for the breakdown of the marriage.   In view of the disparate ages of the parties and the waning employment opportunities of the defendant it is not likely that his former economic situation will be rewritten.   The plaintiff has not perpetuated or developed her basic educational skills.   Orders The Court has carefully considered the statutory authority set forth in Conn. Gen. Stats. 46b–81 and 46b–82 in entering its orders.   It has also considered the income, expenses, assets, and liabilities of both parties. 1. The marriage of the parties has broken down irretrievably and is dissolved. 2. The parties have entered into a well thought out parenting plan that is made an order of the Court and is marked “Court Exhibit A.” 3. Alimony and Support The husband shall pay to the wife the sum of $2,500 per month as alimony and support for a period of ten years, the first payment due one week from the date of judgment.   In the event the plaintiff remarries defendant's alimony obligation shall terminate.   For so long as the husband has a support or alimony obligation the plaintiff and the defendant shall exchange all tax returns on an annual basis. 4. Real Estate The wife shall continue to have exclusive possession of the marital home until it is sold or otherwise disposed of.   In the unlikely event that is sold and some net proceeds are available said proceeds shall be equally divided by the parties.   When the real estate at 745 Old Academy Road in Fairfield is ultimately disposed of any funds due to the lender shall be the obligation of the husband and he shall indemnify the wife for any liability incurred by her.   Other than any shortfall for same the husband shall have no further obligation related to the marital home.   The husband will continue to have exclusive ownership of any interest in his mother's former home at 546 North Trail in Stratford, Connecticut. 5. Securities, Bank Accounts, Pensions, and other intangible property The wife shall receive 50% of the deferred compensation account through First Boston currently in the husband's name which has a value of approximately $120,000.00 per annum for 15 years by QUADRO or by direct assignment from the payer or said here after.   If necessary a court order shall enter mandating same to the director of the plan whose name and address shall forthwith be provided to the plaintiff.   The husband's January 2011 distribution of $117,000.00 shall remain his.   The plaintiff shall receive $65,000.00 from the Northeast Securities account that presently has a balance of approximately $130,000.00.   The plaintiff shall also receive 50% of defendant's pension from First Boston when he becomes 65 through QUADRO.   The plaintiff shall also receive 50% of the defendant's IRA but if for some legal reason it cannot be divided then said 50% shall be taken from defendant's remaining interest in his Northeast Securities account.   If there is any shortfall the defendant shall provide plaintiff with the difference.   Any interest defendant may have in PK Capitol Partners, TK investments, Yah Wu, Signal Lake, EGS, RBC, Peoples Bank account, and any cash value in his life insurance shall be his exclusively. 6. Life Insurance The defendant shall designate the plaintiff as beneficiary of $500,000 of his existing life insurance policy and shall keep same in effect during his life time. 7. Health Insurance In the event the plaintiff elects to be covered pursuant to COBRA the defendant shall pay one-half of said premium for no more than three years.   The plaintiff shall otherwise be responsible for her dental and health care. 8. Automobiles Defendant shall contribute $300.00 per month to the plaintiff for a period of 3 years so that the plaintiff may purchase or lease an automobile. 9. Taxes Defendant shall indemnify and hold plaintiff harmless for any claims for federal or state income taxes through and including 2010.   Each party shall file separately for the 2011 year. 10.   College The Court shall retain jurisdiction as relates to the children's college education. 11.   Attorney Fees and Reimbursible Expenses Defendant shall contribute $10,000.00 toward the payment of plaintiff's attorney fees, said sum to be paid in ninety days.   The defendant shall reimburse the plaintiff the sum of $8,500.00 for expenses pursuant to their written agreement.   Said payment shall be made within 30 days. 12.   Division of Personal Property See agreement marked Court Exhibit B. In addition a watch that had a value in excess of $20,000.00 was reported missing.   The insurance proceeds were used by the plaintiff.   The watch subsequently was found by her and subsequently sold for $3,600.00.   It is ordered that any sums due to the insurance carrier be equally divided by the parties after giving the defendant a credit of $3,600.00.   OWENS, J.T.R. Court Exh. A PARENTING PLAN The parties hereby agree and stipulate to the following:  1. Parenting Plan:  The parties shall have joint legal custody of the two minor children and shared physical custody of Leland J. Ketcher, born March 19, 1995 and the mother shall have primary residential custody of Caroline M. Ketcher, born August 16, 1997.   The parties shall discuss all major significant decisions concerning the children's religion, education, health and general welfare.   Neither parent shall make disparaging remarks about the other to the children or in the children's presence.   The children shall continue with their counseling and the frequency and duration shall be determined by the therapist.   The parents shall participate in co-parent communication counseling and shall be paid by the Husband.   The non-visiting parent shall be able to contact the child(ren) at maximum five times per day.   The parties shall discuss and mutually agree on summer camp arrangements for the children by March 1st of every year.   The father's parenting time with Leland shall be every Monday after school until Wednesday morning and alternate weekends from Friday until Sunday.   When it's the father's weekend, Leland shall remain with his father until Wednesday morning.   The father's parenting time with Caroline shall flexible based on Caroline's comfort level.   Caroline and her father shall attend therapy and the goal is that the parenting time will include alternate weekends and midweek supper visits.   Neither party shall relocate the children's residence out of the State of Connecticut without the express written permission from the other parent or further order from the court.   In the event of a dispute concerning the parenting schedule or and other issues concerning the children, the parties agree to first mediate the issue(s) with a mutually agreed upon mediator, child therapist or counselor prior to filing any motions with the court. 2. Vacations:  Each party shall have two weeks non-consecutive summer vacation time with the children with each party providing the other with 30 days advance written notice.   The parties shall inform the other of an itinerary of where the children will be located and a telephone number.   The parties shall alternate the following school breaks:  Christmas break 2011 with Mother, winter recess break in 2012 with Father and spring recess break in 2012 with Mother. 3. Holidays:  The parties shall alternate the following major holidays:  New Year's Eve and New Year's Day in 2012 with Father Easter in 2011 with Mother Memorial Day in 2011 with Father July 4th in 2011 with Mother Labor Day in 2011 with Father Thanksgiving in 2011 with Father Christmas Eve in 2011 with Father until 12:00am Christmas Day in 2011 with Mother Court Exh. B AGREEMENT RE PERSONAL PROPERTY The parties agree to equitably divide their personal property at the time Lisa Ketcher vacates 745 Old Academy Road, Fairfield, Connecticut.   Neither party shall dispose of in any way personal property pending that division.   Any disputes regarding the division of personal property shall be resolved by binding arbitration to be conducted by Roger Grenier, Fairfield, Connecticut.   The arbitrator's fees shall be divided and paid for equally.   The parties agree that the 2011 amount of reimbursable expenses are $8,500.