Megan M. Klages v. John R. Klages (2011)

Memorandum of Decision

The plaintiff who is a resident of Connecticut initiated this action for dissolution of marriage with a complaint that was returned to the court on November 9, 2010.   At the time the defendant was also a resident of Connecticut.

The court finds that it has jurisdiction and that all statutory stays have expired.

A limited contested trial was held before this court on October 11, 12, & 18, 2011.   Both parties appeared at trial and were represented by counsel.

The court has fully considered the criteria of C.G.S. Sec. 46b–40—46b–86, as well as the evidence, applicable case law, the demeanor and credibility of the witnesses, and arguments of counsel in reaching the decisions reflected in the orders that issue in this decision.

Factual Findings

The court finds that the following facts were proven by a preponderance of the evidence:

1. The plaintiff and the defendant were married on October 9, 1993 at Camp Hill, Pennsylvania.   The plaintiff's maiden name was Levans.

2. Both of the parties have resided continuously in the state of Connecticut for at least one year prior to the commencement of this action.

3. The marriage of the parties has broken down irretrievably without the prospect of reconciliation.

4. There are four children born to the wife since the date of the marriage:

John P. Klages, DOB 7–30–99

Michael Klages, DOB 10–25–01

Kristina and Kelly Klages, DOB 9–12–05

No other children have been born to the wife since the date of the marriage.

5. The defendant is still residing in the marital home and the couple has joint legal custody pursuant to a pendente lite agreement.

6. Neither party has received assistance from any state or local agency.

7. Both parties testified they are in good health.

8. Defendant has been employed in the insurance industry throughout the marriage;  for the past two years has been the owner of Redwood, LLC, and his own insurance company.   His earning capacity has increased steadily over the course of the marriage;  current earning capacity the court finds to be approximately $200,000 per year including earned income, commissions and other unearned income.   Tax returns show defendant's gross income in the amount of $180,427 for the year 2010.   The plaintiff's work history is brief and mostly before children.   Plaintiff has been primarily responsible for the childrearing duties for the four children within the home.   She has recently returned to school and is working on achieving her associate's degree.

9. Primary marital assets are the marital home and the furnishings contained within.   The home is valued between $588,900 and $600,000;  there is a mortgage in the amount of $673,000 on the property.   The parties presently own three vehicles:

2007 Lexus, valued at $20,000

2005 Honda Pilot, valued at $17,000

2004 Toyota Sienna, valued at $12,000

The Lexus and Pilot are encumbered to nearly the book value on each vehicle;  the Toyota is owned free and clear.   There is approximately $6,500 total in savings, checking, stocks, and mutual fund accounts.

10. Both parties stipulate that the court will retain jurisdiction for post-majority educational orders.

Orders

1. The marriage of the parties is dissolved on the grounds of irretrievable breakdown.   The parties are declared to be single and unmarried effective as of the date of this judgment.

2. For a period of ten years from the date of dissolution, the defendant shall pay the sum of $6,000.00 per month as unallocated alimony and support until the first of the following events occurs:

Plaintiff's remarriage;

Death of either party;

Plaintiff's cohabitation, pursuant to C.G.S. Sec. 46b–86(b).

Thereafter, defendant shall pay the sum of $3,000.00 per month as unallocated alimony and support for a period of five years, subject to the same limiting events.

In the event the marital home is sold, the defendant shall pay the sum of $7,500.00 per month as unallocated alimony and support in the ten years subsequent to the dissolution and the sum of $3,750.00 per month for the following five years.

3. This term of alimony shall be non-modifiable.   The defendant shall take no action for the purpose of defeating the plaintiff's timely right to receive unallocated alimony and support and shall take no action to reduce divert, delay or defer income for the purpose of reducing, limiting or delaying the defendant's unallocated alimony and support obligation to the plaintiff.

The plaintiff shall have a safe harbor to earn up to $35,000.00 per year, without triggering a downward modification of unallocated alimony and support by the defendant.

4. If alimony terminates prior to all of the minor children becoming 18 or graduation from high school, but in no event past the age of 19, child support will be paid in accordance with the Connecticut Child support guidelines.

Any work-related day care expenses of the plaintiff shall be split between the parties;  the defendant responsible for 75% and the plaintiff responsible for 25%.

5. The parties shall exchange tax returns on a yearly basis, no later than April 15th, for so long as there are any financial obligations between the parties.   The plaintiff will be responsible for the taxes owed on the unallocated alimony and support she receives from the defendant.   The plaintiff will be entitled to take the tax exemptions for the minor children.   The defendant will be entitled to deduct the mortgage interest and real estate taxes on the marital home for 2011 and thereafter.

6. The parties shall have joint legal custody of the minor children.   Primary physical residence of the minor children shall be with the mother.   Father shall have reasonable and liberal parenting time with the minor children, which shall include but not be limited to the following:

a) Father shall parent the children on alternate weekends from the end of school on Friday when he shall pick them up through Sunday evening at 7:00 p.m.

b) Father shall have parenting time with the children from after school on Wednesday to 7:00 p.m.

c) The parties shall alternate the Thanksgiving holiday annually, which shall commence on Wednesday at 6:00 p.m. and end on Sunday at 7:00 p.m. Father shall have the holiday in the odd years and mother shall have the holiday in even years.

d) The parties shall alternate the Christmas holiday annually.   The mother shall have the holiday in the odd years;  father shall have the holiday in the even years.   The holiday will begin on Christmas Eve at 5:00 p.m. and continue through the children's school holiday break ending on New Years Day at 7:00 p.m.

e) The parties shall alternate the Memorial Day and Labor Day holidays.   The mother shall have the Memorial Day holiday in the odd years and the Labor Day holiday in the even years.   The father shall have the Memorial Day holiday in the even years and the Labor Day holiday in the odd years.   The holiday shall start from after school the Friday before the holiday and end at 7:00 p.m. Sunday.

f) The parties shall alternate the Fourth of July holiday with the mother taking the holiday in the even years and the father in the odd years.   The holiday shall start at 9:00 a.m. and end at 7:00 p.m.

g) The parties shall alternate annually the winter and spring school breaks.   The father shall have the winter break in odd years and the spring break in even years.   The mother shall have the winter break in even years and the spring break in odd years.   In the event there is only one school vacation instead of a winter and spring recess, the father shall have the children for one week of parenting time in even years and mother shall have the children in odd years.

h) The parties shall alternate annually the Easter holiday.   The mother shall have the children in even years and the father shall have the children in odd years.   The holiday shall begin at 5:00 p.m. on the preceding Thursday and end on Sunday at 7:00 p.m.

i) Unless otherwise agreed, each party may have two nonconsecutive vacation weeks with the minor children in the summer.   The parties shall alternate annually the selection of week he or she would like to exercise.   The father shall have first selection in even years and the mother shall have first selection in odd years.   The parties shall notify the other parent in writing, of the weeks her or she selects each year by April 1st of each year.   Neither party shall schedule any events or activities for the children during the summer, until the aforesaid parenting time has been established.   Said activities shall not conflict with either parent's scheduled vacation.

j) The children shall spend father's day with the father and mother's day with the mother.   The holidays will start at 9:00 a.m. and end at 7:00 p.m.

k) The parties shall each spend time with the children on the children's birthdays.   Specified holidays and birthdays shall take precedence over vacation times;  holidays, birthdays and vacation times shall take precedence over other scheduled parenting time.   If snow days or other such circumstances impinge on parenting time, the parents will work together to revise the schedule equitably.

l) It is in the best interest of the children that the parties live in close proximity to each other.   If either party seeks to relocate with the children from their present address then they shall provide to the other parent written notification of said intent at least ninety days prior to the actual relocation.   No relocation shall take place greater than twenty-five miles from the present marital residence until there is an agreement in writing or the court has made a determination that same may occur.   Any relocation shall be assessed de novo as if no designation of primary residence or primary physical custody had been made.

m) Each party shall allow the other party reasonable telephone contact with the children, both by allowing the children to make telephone calls and by allowing them to receive telephone calls.   The children shall be given privacy for their telephone calls with the other parent, and the children shall not be made to have their telephone calls on speakerphone with the parent with whom they are having parenting time.

n) The parties shall maintain free access, including telephone and e-mail access and unhampered contact between said children and each of the parties and to foster a feeling of affection between the said children and the parties hereto.   Neither party shall do anything which may injure the opinion of said children from the other party nor injure the opinion of said children as to her mother and father or act in such a way as to hamper the free and natural development of said children's love and respect for the other party.

o) In the event that either parent travels overnight with the children, he or she shall provide reasonable notice to the other parent prior to departure and provide the other parent with all relevant travel information as appropriate, including, but not limited to travel information, hotel name, address and phone number and address and phone number of private residences.

p) Any expense or cost involved in the father's exercise of his parenting time shall be and remains his responsibility and will be paid for by him.   Any such cost or expense incurred by the father in connection with the exercise of his right of parenting times shall be separate and apart from and in addition to any and all payments made to the mother for the support of the children.   Without limiting the generality of the foregoing, the father shall pay all transportation costs incurred in connection with his parenting time, and all costs of food and lodging and the father shall not be entitled to any deduction from any payments to the mother on account of amounts expended by him during the exercise of his parenting time.

q) The parties will discuss and confer with reference to matters of policy involving the children as to such topics as health, education, religion, camps schools and colleges and the parties will adopt a harmonious policy best suited for the interest of the children.   All day to day decisions relating to the children's' upbringing shall be in the discretion of the parent who is exercising parenting time with the children.

r) Any costs associated with school or extracurricular activities in excess of $250.00 shall be discussed and agreed upon by the parties.   Written consent is required for any expenditure over $250;  said consent shall not be unreasonably withheld.   Costs shall be split between the parties, with the defendant responsible for 75% and the plaintiff responsible for 25%.

s) Neither party shall drive the children in their vehicle for any reason within twelve hours of consuming alcohol.

7. The defendant shall provide health insurance for the children.   The defendant's obligation to maintain medical insurance for the children shall continue until such time as each child attains the age of 26, marries, dies, or becomes emancipated, which ever shall first occur.

The parties shall equally divide the costs of the children's unreimbursed medical, dental and psychological expenses.   Neither party shall incur any non-emergency expense without prior communication with and consent of the other.   Consent shall not be unreasonably withheld.

The defendant shall continue to provide medical insurance for the plaintiff under the current plan and will be responsible to pay her health insurance premium for a period of one year.   Thereafter the defendant shall cooperate with the plaintiff in order for her to obtain COBRA benefits, which premium payments shall be her responsibility.

8. The defendant shall maintain life insurance coverage in the amount of $2,000,000 and he shall name the plaintiff as irrevocable beneficiary until such time as the defendant's obligation to pay alimony and child support terminates.   In the event the alimony and support obligation terminates, the defendant shall continue to maintain the same life insurance coverage for the benefit of the minor children and he shall name the plaintiff trustee for the minor children, as irrevocable beneficiary, of the life insurance proceeds until such time as each child attains the age of majority.

9. The plaintiff shall continue to reside at the marital residence for a period of two years from the date of dissolution.   The defendant shall pay the mortgage, real estate taxes, homeowners insurance, and fuel oil for the period of time the parties shall own the marital home, but no longer than 36 months.   The marital home will be placed on the market no later than 24 months from the date of the dissolution judgment and remain there until sold.   The parties can agree in writing to an extension of this order.

The defendant will vacate the marital residence within 45 days of the date of dissolution.

Expenses for any capital repairs or improvements will be shared by the parties;  no expense will be undertaken without the express written consent of the other party.   The court shall retain jurisdiction over the sale of the marital residence.   Upon the sale, after costs incurred for sale, the parties shall split the proceeds if any or any deficiency judgment.

10. The parties shall divide the personal property contained in the marital residence.   In the event of a dispute, they shall submit same to an agreed upon arbitrator and each party shall be responsible for one-half the cost.

The defendant shall retain possession of the 2004 Honda Pilot and the 2007 Lexus and he shall be solely responsible for all expenses of maintaining said vehicles, including any loan balances;  he shall indemnify and hold the plaintiff harmless free and clear for the same.

The plaintiff shall retain the 2004 Toyota Sienna and she shall be responsible for all the expenses of maintaining the vehicle and she shall indemnify and hold the defendant harmless from the same.

All stocks, bonds, and bank accounts excluding the defendant's business accounts shall be split equally between the parties and valued as of the date of the dissolution.

The defendant will retain ownership of Redwoods LLC free and clear of any claim of the plaintiff.

The plaintiff shall retain the proceeds, if any, from her personal injury lawsuit, Klages v. Mangieri Solution, et al.

11. The defendant shall return to the plaintiff the children's birth certificates passports and savings bonds within 30 days of the dissolution.   The plaintiff will hold the savings bonds for the benefit of the children's educational expenses.   The defendant will continue to maintain the children's accounts with the balances as set forth on his financial affidavit for the children's education.

12. Except as otherwise indicated in this judgment, each party will retain all other assets and personal effects listed on their respective financial affidavits or in their possession.   Except as otherwise indicated in this judgment, each party shall be solely responsible for the liabilities set forth on his/her financial affidavit, including any joint debt, and shall each indemnify and hold the other harmless from the same.

13. In consideration of the statutory criteria enumerated in C.G.S. Sec. 46b–62, the defendant shall pay the sum of $15,000 towards the plaintiff's counsel fees within six months of the date of dissolution.

Corinne L. Klatt, J.

Klatt, Corinne L., J.