Kimberlee Lear v. John Lear, Jr. (2011)

MEMORANDUM OF DECISION

The undersigned, having carefully reviewed the testimony, documentary evidence and relevant statutory criteria, finds the following facts and issues the following orders:

The parties were married in North Haven, Connecticut on October 3, 1992.   The marriage has broken down irretrievably, with no hope of reconciliation.   Neither party is more at fault than the other party for the breakdown of the marriage.   One or more of the parties was a recipient of state aid during the pendency of the marriage, and judgment shall enter without prejudice against the State of Connecticut.   The plaintiff has resided in the State of Connecticut for at least 12 months prior to commencement of the instant action.   There are two minor children born issue of the marriage, Kelly Lear, born May 15, 1996, and Daniel Lear, born August 2, 2000.   The plaintiff wife is not pregnant.   The court has jurisdiction.

The plaintiff, Kimberlee Lear, hereinafter referred to as “the plaintiff,” is 44 years old and in reasonably good health.   She is a smoker and has twice entered rehabilitation for alcohol abuse.   She is a high school graduate.   She had not worked outside of the home since the birth of her children, until recently commencing employment at 21 hours a week as a housekeeper at Apple Rehab in Guilford, Connecticut.   She currently makes a net weekly wage of $185.10, according to her most recent financial affidavit.   She resides with her children in the marital residence, located at 105 Cherry Hill Road in Branford, Connecticut.   The parties agree that the value of the family home is approximately $300,000 and that it is encumbered by a mortgage of approximately $280,000.

The defendant, John P. Lear, Jr., hereinafter referred to as “the defendant,” is 45 years old and also in generally good health.   He is also a high school graduate, with one year of technical college.   He was employed for many years as a “mechanical troubleshooter” in several Midwestern states for Saab. Presently, he is the sole owner of Swedish Performance Auto Repair, LLC in Branford, Connecticut.   The company employs approximately 10 full and part-time employees.   The defendant took $90,000 out of his home equity to finance the purchase of the first location of the business, at 253 East Main Street in Branford, Connecticut.   The business has since relocated to 370 East Main Street in Branford, Connecticut.

At trial, the court heard expert testimony from Kathleen F. Buzbee, a certified accountant called on behalf of the defendant, and Elmer A. Laydon, a certified public accountant called on behalf of the plaintiff, regarding the current value of the defendant's aforementioned business.   After carefully considering the testimony of the both experts, the court finds that the testimony offered by Ms. Buzbee is more credible than that offered by Mr. Laydon, and finds that the current value of the defendant's business is $196,500.00.   Therefore, the court orders as follows:

1.  The parties shall share joint legal custody of the two minor children, with the primary residence to be with the plaintiff mother.

2. Unless otherwise mutually agreed, the defendant shall have visitation with the children every Wednesday from 5:30–8:30 p.m. and every other weekend from 1:30 p.m. on Saturday until 6 p.m. on Sunday.   In addition, the defendant may take his son, Daniel, to all scheduled baseball practices and games and will provide the most current schedule of those practices and games to the plaintiff.   The defendant shall have parenting time each Thanksgiving from noon to 6 p.m. The plaintiff shall having parenting time with the children on Christmas Eve and the father shall have parenting time with the children on Christmas Day from 9 a.m. to 1 p.m. Each parent shall have two non-consecutive weeks of parenting time with the children during the children's school and/or summer vacations and will provide the other parent with 30 days notice of his/her intention to utilize that time.   The plaintiff shall not smoke or consume alcohol while in the presence of the children.

3 The defendant shall pay child support in the amount of $347.00 per week, pursuant to the child support guidelines, attached hereto.   The plaintiff shall also pay 69 percent of all unreimbursed medical expenses and extracurricular activity expenses for the children.   The defendant shall also maintain life insurance in the amount of $500,000 for so long as he has a child support obligation to the children, naming the plaintiff as sole beneficiary of the policy.   The defendant shall maintain health insurance coverage for the two minor children until each child reaches the age of majority.   Each party shall be responsible for his/her own health care coverage, and the defendant shall fully cooperate with the plaintiff if she elects to continue coverage on his group health insurance policy pursuant to the provisions of COBRA.

4. The defendant shall pay the plaintiff the sum of $650.00 per month in alimony, for a period of 10 years, modifiable as to amount, but not as to duration.   The order of alimony shall terminate upon the remarriage of the plaintiff or death of either party.   The defendant shall maintain life insurance with a minimum face value of $50,000.00, naming the plaintiff as sole beneficiary for so long as he has this alimony obligation to her.

5. The defendant shall retain as his sole property the business known as Swedish Performance Auto Repair, LLC, and shall hold harmless and indemnify the plaintiff from any and all debts, expenses, costs or repairs related to that business, including, but not limited to, any federal or state tax obligations, and any business property taxes.

6. The defendant shall pay the plaintiff as a lump sum property settlement the sum of $90,000.00, as follows:  $10,000 within 90 days of the date of entry of judgment in the instant matter, and $10,000 every three (3) months thereafter until the amount is paid in full.

7. The defendant shall be entitled to claim both children as exemptions for income tax purposes.

8. The court shall retain jurisdiction, pursuant to the provisions of C.G.S. Sec. 46b–56c, regarding any post-secondary educational support orders for the two children.

9. The defendant shall quit claim to the plaintiff his entire interest in the marital residence located at 105 Cherry Hill Road, Branford, Connecticut, within 90 days of the entry of judgment in the instant matter.   Upon filing of the quit claim deed, the plaintiff shall be solely responsible for, and hold harmless and indemnify the defendant there from, any and all expenses related to that property.   The plaintiff shall be entitled to the net proceeds from the sale of the property once the quit claim deed is filed.   The court shall retain jurisdiction over the property.

10. Each party shall provide the other, within 30 days of receipt, copies of all W–2s, 1099s and tax returns so long as a financial obligation pursuant to these orders exists between the parties.   Each party shall be solely responsible for, and hold harmless and indemnify the other party, the debts listed on his/her respective financial affidavit.

11. The defendant shall, within 30 days of the entry of judgment in the instant matter, transfer to the plaintiff his entire interest, estimated currently at $1,200.00, in his Edward Jones Simple IRA listed on his financial affidavit.   The defendant shall be solely responsible, and hold harmless and indemnify the plaintiff, from any and all expenses related to this transfer.

12. Each party is responsible for his or her own attorneys fees.

13. The marriage is hereby ordered dissolved.

Gould, J.

Gould, Mark T., J.