Tari Roy v. Ronald Roy (2011)

MEMORANDUM OF DECISION

This matter was tried before the court on August 5th and 8th, 2011.   The plaintiff and defendant testified and numerous exhibits were introduced.   The court has considered all of the credible evidence presented to it and carefully considered the respective criteria for orders of alimony, property settlement, division of debt and award of counsel fees.   The court makes the following findings of facts.

The parties were married on June 11, 1988 in Meriden, CT. One of the parties has lived in the state of Connecticut for more than one year prior to bringing this action.

No minor children have been born to the wife since the date of the marriage.   The parties have two adult children who have graduated from high school and are both under the age of 23.   The parties are not receiving state assistance.

The court finds that the marriage of the parties has broken down irretrievably and there is no reasonable prospect of reconciliation.

The wife is 47 years old and in good physical health.   She is currently taking medication for stress and anxiety and is seeing a mental health professional monthly.

Mrs. Roy completed high school and attended Stone Academy receiving a certificate as an executive secretary.

The plaintiff just accepted a job offer as a Clinical Assistant with McNicholas Family Chiropractic where she will earn $384.00 gross per week.

The wife's work history includes several separate periods of employment as a sales representative for Davenport Associates.   She also operated a home daycare for several months, she spent 2 years as an account assistant with EPRG, 6 weeks with The Hartford as a Sales Representative, 4 years as a dental assistant for Dr. Welch DDS, and a short stint with Women's Health coding insurance claims.   Her most recent employment was with Grants Chiropractic Health Center as a Clinical Assistant for 5 years.   Mrs. Roy quit that job in April 2011 after being criticized by her boss.   She earned $463.00 per week or $79.00 more than her current position.

Mr. Roy graduated from Woodcock Technical High School in Meriden with training in tool and die making.   He has been employed as a letter carrier for the U.S. Postal Service for 23 years.   Early in the marriage he was employed part-time by several machine shops, the last being Wiremold in West Hartford, CT.

Mr. Roy owned and operated White Glove Lawn Care from 1995–2009, mowing lawns and doing spring and fall yard clean ups.

Mr. Roy suffers from a number of health problems.   In 1998–99 he had carbon monoxide poisoning as a result of using a defective concrete cutter.   He was in a hyperbaric chamber for three days and suffered headaches, memory loss and loss of balance short term.   He testified he still has memory lapses but it does not prevent him from performing his job.

As a result of the above injuries Mr. Roy filed a successful personal injury action.   The defendant settled the lawsuit in 2002 for $75,000.00 and received $43,356.00 net settlement.   Mr. Roy testified he spent some of the proceeds on a dirt bike, motorcycle and repaid his father $5–6,000.00. The balance of the funds in the amount of $20,422.00 are in the Transamerica Account listed on his Financial Affidavit.

In 2006 Mr. Roy was hospitalized for 3 days with chest and left arm pain.   Extensive tests revealed no cardiac problems and he was diagnosed as a panic attack.

The defendant testified he suffers from allergies (grass, maple and oak trees) causing constant sinus and respiratory infections.   Mr. Roy also has tendinitis in his right elbow, left shoulder and herniated disc in his lower back.   Mr. Roy claims he is no longer able to operate White Glove Lawn Care due to his allergies and tendinitis.   He initially testified he has not operated the business since 2009 but his 2009 tax return reflects gross receipts of $4,718.00.   After being confronted with his tax return Mr. Roy testified his adult son wanted to try to operate the business in 2009 and the defendant helped him.

During the defendant's 2010 routine screening colonoscopy, cancer was discovered.   Mr. Roy had a portion of his large intestine removed and received 6 months of chemotherapy due to lymph nodes testing positive.

Finally, Mr. Roy will be seeing a surgeon for a hernia repair shortly after completion of the trial.

The defendant incurred medical expenses of $143,551.00 of which $17,819.00 was not reimbursed by his medical insurance.

The marital home was sold in 2010 and the proceeds are being held in escrow pending final judgment.

Fault:

The plaintiff and defendant both testified the defendant commenced an affair in late 2008/early 2009.   Mr. Roy claims the marriage was over in 2006 and testified he had an epiphany after his panic attack.   Mrs. Roy testified she was blind sided by the affair with a woman the couple regularly socialized with.

The court finds the defendant was primarily responsible for the break down of the marriage.

Orders

After considering all of the statutory criteria set forth in General Statutes § 46b–62 as to counsel fees, § 46b–66a, as to conveyance of real property, § 46b–81, as to assignment of property and transfer of title, § 46b–82, as to the award of alimony.   Orders together with applicable case law and the evidence presented here, the court hereby enters the following orders;

1. DISSOLUTION OF MARRIAGE:

A decree dissolving the marriage on the grounds of irretrievable breakdown shall enter on August 9, 2011.

2. ALIMONY:

The defendant shall pay the plaintiff the sum of $150.00 per week as alimony for a period of thirteen years from the date of judgment.   Alimony shall terminate on the first to occur of the plaintiff's or defendant's death, the plaintiff's remarriage or thirteen years from the date of judgment.   Alimony shall be modifiable, suspended or terminated by cohabitation pursuant to the statute.   Alimony shall be modifiable by the plaintiff or defendant upon a showing of a disability rendering either incapable of working their current employment.

Alimony shall be included in the wife's income for federal and state income tax purposes.   Alimony shall be available as a deduction by the defendant on his federal and state income taxes.

3. LIFE INSURANCE:

The husband shall maintain decreasing term life insurance in an initial amount of $101,400.00 naming the wife as the irrevocable beneficiary to secure his alimony obligation.   The face amount may decrease by $7,800.00 per year during his alimony obligation.

The defendant shall provide the plaintiff with proof of life insurance including the face amount and beneficiary designation on a yearly basis.

4. ESCROW ACCOUNT:

a. The wife shall receive the first $2,500.00 from the escrow account to compensate her for an agreed upon advance distribution to the husband.

b. In consideration of the husband receiving the RAM truck, Harley and April Falco motorcycles and 95 Wells TW 101 with an approximate value of $22,300.00 the wife shall receive an additional $16,052.00 from the escrow account before the division in paragraph 4c below.

c. The balance remaining in the escrow account shall be awarded with the wife receiving 60% and the husband receiving 40%.

d. The escrow agent shall divide the proceeds as ordered by the court above and shall issue the checks to the parties' respective attorneys, for the benefit of their clients within 30 days from judgment.

5. AUTOMOBILES:

The husband shall retain as his sole property the following vehicles:

2003 Dodge Ram $ 7,500

2006 Harley Davidson $12,000

2001 April Falco 12 $ 2,500

1995 Wells TW101 $ 300

$22,300

He shall indemnify and hold the wife harmless from the vehicle insurance, personal property taxes, registration and maintenance of the above vehicles.

The husband shall immediately transfer all his right, title and interest in and to the 1995 Ford Mustang with a value of $2,500 to the wife within 30 days of the date of judgment.   She shall indemnify and hold the husband harmless from automobile insurance, personal property taxes, registration and maintenance for the mustang.   The equipment and trailer used for White Glove Lawn Care shall be jointly sold by the husband and wife and proceeds divided equally.

6. DEBTS:

The husband and wife shall be liable individually for the debts listed on their respective Financial Affidavits and shall hold the other harmless and indemnified from the other debts.

7. PENSIONS, 401K AND IRA ACCOUNTS:

The parties shall equally divide the marital portion of all retirement vehicles and investments, including the defendant's pension through the United States Postal Service, the USPS Thrift Savings Plan, and the defendant's 401K account.   The division shall be accomplished by way of Qualified Domestic Relation Order(s) and in such a fashion as to minimize any tax liability or penalty provisions.   The parties shall divide equally the cost of the Qualified Domestic Relations Orders necessary to effectuate such transfers and will cooperate in the execution of the same.   There will be an adjustment for gains or losses from the date of dissolution to the last valuation date prior to the date distribution is to occur.   The court shall retain jurisdiction to effectuate the transfers set forth herein.

PERSONAL PROPERTY:

The parties stipulated at trial that the wife waived to be entitled to the items listed on Exhibit 15 to the extent the husband still has the items.   The husband shall provide her with the items within 30 days of the date of judgment.   The wife shall return to the husband his family silverware, his wedding ring with diamonds, his lion's head ring with diamonds and ruby.   In addition, the husband shall have a copy of a portrait of the children sitting back to back made at his expense.

9. PERSONAL INJURY AWARD:

The defendant shall have as his sole property the Transamerica account with a balance of approximately $20,422.00 representing the remaining proceeds from his 2002 personal injury settlement.

10. CASH VALUE LIFE INSURANCE:

The wife shall be the sole owner of the ING life insurance policy with a cash value of $3,748.00.

11. POST–MAJORITY EDUCATIONAL SUPPORT:

The parties testified that they would have assisted their children with the cost of education beyond high school.   The court shall retain jurisdiction for purposes of entering orders of post-majority education support.

12. ATTORNEYS FEES:

Each party shall be solely liable for his/her own legal fees in connection with this matter.

By the court

Holly Abery–Wetstone, PJ

Abery–Wetstone, Holly, J.