Suzanne Rowan v. Peter Rowan (2011)

CORRECTED MEMORANDUM OF DECISION (Correction to Memorandum of Decision dated May 26, 2011 Correction made:  Paragraph 4 of subsection F miscellaneous orders on page 11 is stricken.)

This is an action for dissolution of marriage and other relief brought to the judicial district of Danbury.   Many of the facts that give rise to this action are not in dispute.   The plaintiff, whose maiden name is Suzanne Schuster, and the defendant were married at Ridgefield, Connecticut on September 17, 2000.   The plaintiff has resided continuously in the state of Connecticut for at least twelve months immediately prior to the date the complaint filed.   The marriage between the parties has broken down irretrievably without any reasonable prospects of reconciliation.   There is one minor child issue of this marriage:  Peter Rowan, III, born April 30, 2004.   No other children have been born to the plaintiff wife since the date of marriage of the parties.   Neither party has received any form of state assistance.

The parties are in dispute as to the cause of the breakdown of the marriage.   From the evidence presented, the court finds that the defendant is primarily at fault for the breakdown of the marriage.

The plaintiff was born on December 28, 1969.   The plaintiff has hearing problems in both ears with an approximate 50 percent loss in one ear and 60 percent loss in the other ear.

The plaintiff is currently employed as a 1099 employee as a visual merchandiser.   The parties are in dispute as to her gross weekly income.   The court finds that her gross weekly income, based on her calendar year 2010 income, is $1,213 less an unreimbursed business expense of gasoline for $115 per week and telephone for $30 per week, leaving a gross taxable weekly income of $1,068 less deductions.   In addition, the plaintiff works part-time at the Westchester Country Club and has average gross weekly income of $44.20 less deductions.

The plaintiff will have COBRA costs of $447 monthly.

The defendant was born on June 21, 1967.

The defendant is employed as a salesman for United Rentals, Inc. with a gross weekly income of $2,108 less deductions.   The defendant receives a base salary of approximately $33,000 annually plus commissions.   He also receives a company car for which he pays approximately $28 per paycheck.   His employer pays for gasoline and maintenance for that vehicle.   He pays for the automobile insurance.   The vehicle is registered in his name.   He has a company credit card for customer entertainment.

Shortly after the parties married, the parties received a gift from the defendant's sister in the amount of $100,000.   A short time after that gift was received, the defendant lost his job and did not work for approximately one year.   The income from the plaintiff's employment was not enough to meet the parties' living expenses.   The defendant claims that he made bad investments with most of that gift and it is now totally gone.   He also received a gift from his grandmother in the amount of $10,000 shortly after the parties' child was born and used it to buy a watch for himself.

The parties are in dispute as to the value of the family home.   From the evidence presented, the court finds that the family home located at 26 Long Ridge Road, Redding, Connecticut has a fair market value of $305,000.   It has a first mortgage with a balance of $231,035 and a second mortgage home equity line with a balance of $116,958.   The combined loans exceed the fair market value of the property.

The defendant has a 401(k) plan through his employment with a vested balance as of March 3, 2011 of $34,986.10.   Between November 3, 2010 and March 3, 2011, he withdrew $8,000 from that plan and used $5,400 of that withdrawal toward the payment of his attorneys fees.   The total amount of loan that he has taken against that plan is $19,793.

The parties are in dispute as to the extent of the defendant's gambling in the calendar year 2006.   The court finds that during the calendar year 2006, he had $9,650 in losses and $8,050 in gains for a net loss of gambling of $1,600.

The following charts show the plaintiff's earnings record and the defendant's earning record from the calendar year 2000 to date.

PLAINTIFF'S EARNING RECORD

YOUR TAXED YOUR TAXED

YEAR WORKED SOCIAL SECURITY EARNING MEDICARE EARNINGS

2000 $26,241 $26,241

2001 $30,768 $30,768

2002 $22,661 $22,661

2003 $ 48 $ 48

2004 $ 0 $ 0

2005 $ 1,811 $ 1,811

2006 $ 240 $ 240

2007 $38,187 $38,187

2008 $76,461 $76,461

2009 $33,564 $33,564

2010

The plaintiff has earned enough social security credits to qualify for benefits.   At her current rate if she continues working until her full retirement age (67) years, her payment will be about $1,357 a month;  at age 70, her payment will be about $1,706 a month and if she stopped working and started receiving benefits at age 62, her payment would be about $906 a month.

DEFENDANT'S EARNING RECORD

YOUR TAXED YOUR TAXED

YEAR WORKED SOCIAL SECURITY EARNING MEDICARE EARNINGS

2000 $ 76,200 $108,417

2001 $ 339 $ 339

2002 $ 84,900 $ 90,437

2003 $ 87,000 $102,597

2004 $ 47,419 $ 47,419

2005 $ 74,503 $ 74,503

2006 $ 81,885 $ 81,885

2007 $ 96,818 $ 96,818

2008 $102,000 $132,792

2009 $ 98,229 $ 98,229

2010 $106,190 $106,190

The defendant has earned enough social security credits to qualify for benefits.   At his current earning rate, if he continues working until his full retirement age (67) years, his payment would be about $2,495 a month;  if he worked until age 70, his payment would be about $3,112 a month and if he worked until age 62, his payment would be about $1,701 a month.

This court has considered the provision of § 46b–82 regarding the issue of alimony, and has considered the provision of § 46b–81(c) regarding the issue of property division, and has considered the provision of § 46b–84 and the child support guidelines regarding the issue of support, and has considered the provision of § 46b–56(c) regarding post-majority education Thecourt enters the following orders:

ORDERS

A. BY WAY OF DISSOLUTION

1. The marriage between the parties is dissolved and each party is declared to be single and unmarried.

B. BY WAY OF ALIMONY

1. The defendant is to pay alimony to the plaintiff in the sum of $225 per week.   Alimony is to terminate upon the earliest of the following events:  (a) the death of either party;  (b) the wife's remarriage;  (c) May 1, 2017.   The minor child will be thirteen (13) on that day and the plaintiff should no longer have any qualifying daycare expenses and will, therefore, have less need for alimony.

2. The provisions of § 46b–86(a) and § 46b–86(b) are applicable.

3. Each party shall be responsible for their respective medical insurance and unreimbursed medical expenses.

C. BY WAY OF CUSTODY AND PARENTING TIME

The defendant and plaintiff shall have joint legal custody of the minor child Peter Rowan, III. The child shall reside primarily with the mother, the father having rights of visitation as follows:

The father shall have visitation with the child every other weekend from Friday at 4:30 p.m. to Tuesday at 7:30 a.m., when the father shall drop the son off at the mother's home.   On the father's weekend, he shall pick up his son after school on Friday at the mother's residence and return the child to his mother's residence by 7:30 a.m. on Tuesday morning.   Notwithstanding the regular Tuesday morning return of the child by the defendant to the plaintiff the court orders that on each month in which there are five Wednesdays in the month, then on each Wednesday of that month, the return of the child is to be on Wednesday at 7:30 a.m. rather than on Tuesday at 7:30 a.m. following the father's weekend visitation.

Each Wednesday, the father may have the son after school, the child is to be picked up by the father at school, until 7:45 p.m. when he shall return the child to the mother's care.

After the mother's weekend, the father shall have the child on the Monday following her weekend from after school until Tuesday morning at 7:30 a.m. when the father shall deliver the child back to the mother's home.   This visitation shall not occur in any weekend where there is a three-day weekend holiday as the child will be with the mother for her three-day weekends.   The same will apply to the father on his three-day weekends.

The child should have access to the mother by telephone at any time when the child is with the father, and the child should have access to his father at any time he is with the mother.

Each parent shall have three weeks of summer vacation with the child free from any visitation by the other parent, if they are going to be more than fifty miles away on vacation.   Otherwise, visitation shall occur even during the vacation time so the child can see the parent who he is not vacationing with at least once during that time for a weekend.

All major holidays shall be divided 50/50 by the parties so that one year the vacation or time is with the father, one year with the mother.

Notwithstanding the above, the father shall enjoy every Father's Day and the mother shall enjoy every Mother's Day, from Saturday night at 7 p.m. until Sunday night at 7 p.m.

The parties agree to share parenting time with the minor child on his birthday, and the minor child shall be with each parent on his birthday.

Each parent may vacation with the child for up to three (3) weeks per year.   The parties shall provide at least thirty (30) days written notice to the other party.   The parties shall share special parenting time during the following holidays as agreed upon.   If agreement cannot be reached, the following schedule shall control:

THANKSGIVING (9 a.m.–8 p.m.) in even years starting in 2010 will be with the mother and odd years with the father.

CHRISTMAS EVE from 12 noon through 12 noon Christmas Day in odd years starting in 2010 will be with the mother and even years with the father.  (Parent alternates with New Years Eve).

CHIRISTMAS DAY from 12 noon through midway week of break in even years will be with the mother starting in 2010 and odd years with the father.

NEW YEARS EVE from 7 p.m. through 11 a.m. New Years Day in even years starting in 2010 will be with the father and odd years with the mother.  (Parent alternates with Christmas Eve).

NEW YEARS DAY from 11 a.m. through 8 p.m. in even years starting in 2010 will be with the mother and odd years with the father.

MIDWAY OF CHRISTMAS WEEK in even years will be with the mother starting in 2010 and odd years with the father.

FEBRUARY SCHOOL VACATION week will be with the mother in odd years starting in 2011 and even years with the father.

APRIL SCHOOL VACATION WEEK will be with the father in odd years starting in 2011 and even years with the mother.

EASTER The mother will have Easter morning until 1 p.m. The father will have the minor child from 1 p.m. through next a.m. yearly.

MEMORIAL DAY (9 a.m.–8 p.m.) in odd years will be with the mother starting in 2011 and even years with the father.

JULY 4th (9 a.m.–8 p.m.) In odd years will be with the mother starting in 2011 and even years with the father.

LABOR DAY (9 a.m.–8 p.m.) In odd years will be with the mother starting in 2011 and even years with the father.

The preceding special occasion, holiday and vacation schedules supersede the customary parenting schedule.   Absent written agreement, a party cannot schedule a vacation during any special parenting time.

D. BY WAY OF SUPPORT

1. The defendant shall pay child support to the plaintiff in the amount of $217.00 per week until the minor child attains the age of eighteen (18) or graduates from high school whichever shall last occur, but in no event beyond the age of nineteen (19) years.

2. The court shall retain jurisdiction concerning the post-majority educational support for the child pursuant to Connecticut General Statutes § 46b–56(c).

3. The defendant shall maintain medical insurance for the benefit of the child until age twenty-three (23) or graduation from college or the child no longer being eligible for coverage, whichever event shall first occur.

4. Unreimbursed medical, dental, vision, psychological or other healthcare professional expenses and qualifying daycare for the minor child are to be divided as follows:  The plaintiff is to pay 52% and the defendant is to pay 48%.

5. Each party shall maintain life insurance on their respective lives in the amount of $200,000 naming the child as beneficiary until the child attains the age of twenty-three (23) years or graduates from college, whichever shall first occur.

6. The plaintiff shall take the minor child as the dependent for federal and state income tax purposes in odd-numbered years and the defendant in even-numbered years.

E. BY WAY OF PROPERTY ORDERS

1. The plaintiff is to pay all of the liabilities shown on her financial affidavit except for the IRS liability and she is to hold the defendant harmless therefrom.

2. The defendant is to pay all of the liabilities shown on his financial affidavit and hold the plaintiff harmless therefrom.

3. The IRS liability for the calendar year 2008 has been reduced to approximately $1,800 as the result of the IRS having intercepted a refund of the defendant.   That balance of $1,800 is ordered to be divided equally between the parties and each party is to hold the other harmless from such one-half.

4. The defendant is to transfer whatever interest, if any, that he has in the 2005 Jeep Cherokee to the plaintiff.

5. The plaintiff is to transfer whatever interest she may have to the defendant in the 1994 Chevrolet Blazer.

6. All bank accounts shown on the plaintiff's financial affidavit are awarded to the plaintiff.

7. All bank accounts shown on the defendant's financial affidavit are awarded to the defendant.

8. All furniture and furnishings in the possession of the plaintiff are awarded to the plaintiff.

9. All furniture and furnishings in the possession of the defendant are awarded to the defendant except for the following items which are awarded to the plaintiff:

a.  The farm table the TV is on;

b. Her grandfather's dresser in the master bedroom;

c. One-half of child's Blu–Ray DVDs;

d. One Blu–Ray DVD player (wife's choice);

e.  Return of all of Bridger's new clothes which plaintiff bought and defendant has kept;

f. Plaintiff's parent's dining table which is stored in defendant's parent's basement;

g. All of the plaintiff's personal items currently stored at the marital residence and at the defendant's parent's home;  and

h. one air conditioning unit (wife's choice).

10. The plaintiff is to quitclaim to the defendant all of her right, title and interest in the property located at 26 Long Ridge Road in Redding, Connecticut.   The defendant is to hold the plaintiff harmless on the first mortgage and the second mortgage and is to arrange for her release from liability on those two mortgages within thirty (30) days from today's date.   If he fails to obtain a release for her within thirty (30) days from today's date, then the property is to be listed for sale with an MLS realtor chosen by the defendant and the defendant is to be solely responsible for any deficiency.   The transfer of the deed from the plaintiff to the defendant is to be simultaneous with the defendant obtaining the release of the plaintiff from liability on the first and second mortgage.

11. The first $7,000 from the defendant's 401(k) plan that has a balance of approximately $34,986 is awarded to the plaintiff.   The balance of the plan is ordered divided equally between the parties.   The sum awarded to the plaintiff is by QDRO if allowed and the parties are to equally divide the cost of preparation of the QDRO.

F. MISCELLANEOUS ORDERS

1. No attorneys fees are awarded in favor of either party.

2. The parties are to exchange copies of their federal and state income tax returns within fifteen (15) days after the returns have been filed as well as any amendments to such returns for so long as there is an outstanding alimony order or an outstanding property order or an outstanding support order or an outstanding educational support order or any arrearage thereto.

3. The defendant is entitled to the deduction for mortgage interest and real estate taxes for the calendar year 2010 on the family home.

Sidney Axelrod, Judge Trial Referee

Axelrod, Sidney, J.T.R.