Mavis Ackeifi v. Jones Oduro (2011)

MEMORANDUM OF DECISION

Plaintiff wife brought this dissolution of marriage action by Complaint dated March 9, 2010.   She encountered problems serving defendant and filed a second Complaint dated January 21, 2011.   Defendant husband filed a Cross Complaint dated January 24, 2011.   On October 14, 2011, a trial was held before the court at which plaintiff represented herself and defendant was represented by counsel.   Attorney Jeremiah Ollennu also appeared in his role as guardian ad litem for the parties' two minor children.

In rendering this decision and making the ensuing orders, the court has carefully considered the statutory criteria in Connecticut General Statutes §§ 46b–81 and 46b–82 regarding the assignment of the marital estate and alimony, respectively, § 46b–84 as to support and medical insurance for the parties' minor children, the case law as it has developed regarding these matters, and other relevant federal and state laws regarding the issues before the court.   The court had the opportunity to observe the demeanor of the parties at the time of trial.   The court makes the following jurisdictional findings:

1) The parties were married on December 31, 2004 in Middletown, Connecticut.

2) Plaintiff resided in the State of Connecticut for more than one year prior to the commencement of the action and the court has jurisdiction.

3) The parties have two minor children.   Their daughter, Lorddmmer Oduro, was born October 8, 2000 and their son, Orleans Oduro, was born April 6, 2005.

4) The plaintiff is not currently pregnant.

5) The family received public assistance from the State of Connecticut.

6) The court finds that the allegations of the complaint are proven in truth.   The marriage between the parties has broken down irretrievably.   There is no hope for reconciliation of the parties to their marriage.

The parties met in Ghana.   Plaintiff wife emigrated to the United States in 2001 and defendant husband in 2004.   Their daughter remained in Ghana with her paternal grandmother until 2008 and currently lives with defendant in Maryland.   The parties' son was born in the United States and lives with plaintiff.   The parties lived as husband and wife for less than three years, separating in 2007.   The two children lived in the same household for a relatively short period of time.   While plaintiff and her daughter have a history of extremely tempestuous and unhealthy interactions, plaintiff and her son appear to have a relatively good relationship.   Mr. Oduro works as a forklift operator and he currently earns a net wage of $621.00 per week.   Ms. Ackeifi earns wages as a certified nurse's aide and receives unemployment benefits netting $375.00 per week.   The parties share no marital property.

ORDERS

Based on the foregoing, the court orders the following:

1. A decree dissolving the marriage, on the ground of irretrievable breakdown, shall enter.

2. Neither party shall receive alimony from the other.

3. The parties will share joint legal custody of their two children, the daughter's primary residence being with the defendant and the son's primary residence being with the mother.   Each parent shall enjoy liberal rights of visitation with the child with whom they do not reside.   The parties should make all reasonable efforts that such visitation maximizes the amount of time the two children spend together.

4. The parties shall each be responsible for their own medical insurance.

5. Defendant shall be responsible for medical insurance for both minor children provided he can procure such insurance at a reasonable cost (no more than 7.5% of his net income) through his place of employment.   In the event such coverage is not available, the parties shall cooperate to enroll the children in the HUSKY Program or its equivalent.

6. Defendant shall pay plaintiff $64.00 per week in child support.

7. The parties shall each be responsible for their own liabilities and hold each other harmless therefrom.

8. The parties shall be 100% responsible for the child care expenses and unreimbursed medical costs of the child that resides with them.

9. The parties shall be entitled to take the child that resides with them as a tax deduction.

10. The court hereby retains jurisdictional over issues of post-majority educational support pursuant to § 46b–56c of the Connecticut General Statutes.

11. Each party shall sign whatever documents are necessary, and are presented to them by the other party, to effectuate these orders.

12. There having been a contested hearing, the financial affidavits are hereby ordered unsealed.

James W. Abrams, Judge

Abrams, James W., J.