Deborah L. Stordy v. James J. Stordy (2011)

MEMORANDUM OF DECISION RENDERING JUDGMENT

The Plaintiff (hereafter, sometimes referred to as the Wife), acting as a self-represented litigant, filed a Complaint in this court on February 10, 2010, for dissolution of her marriage to the Defendant (hereafter, sometimes referred to as the Husband).   The Return Date was February 23, 2010.   The Husband filed an appearance on February 23, 2010, as a self-represented litigant.

The Wife's Complaint sought dissolution of the marriage, sole physical custody of the minor children, sole decision making responsibility for the children, and child support for the children.   Counsel for the Wife appeared on March 25, 2010.   The Wife did not file an amended complaint.   On July 27, 2010, the Husband filed an Answer and a Cross–Complaint.   He requested, joint legal custody, the children's primary physical residence be with their father, and child support.   A guardian ad litem (GAL) was appointed for the minor children on April 14, 2011.   An attorney for the parties' minor son (AMC) Timothy was appointed on August 16, 2011.

After status conferences, pre-trials, mediations, special master's conferences, and pendente lite hearings, none of which were successful, the matter was continued and assigned to this trial court for a fully contested final hearing.   The Wife appeared at trial with her attorney who represented her throughout.   The Husband appeared at trial without counsel and represented himself throughout.   The GAL and AMC were present throughout the proceedings and participated.   The trial proceeded on the complaint filed by the Wife. It commenced on September 22, 2011.   It was continued on September 23, September 27, November 1, November 2, and thence to November 3, 2011, whereupon it concluded.   The Wife and Husband each testified.   The Wife called the Husband as a witness.   She also called Cecelia Markut her mother, and the GAL attorney Kevin Finch, as her witnesses.   The Husband testified on his own behalf.   He did not call any other witness.   Each of the parties introduced numerous exhibits.

FINDINGS:

After hearing, and a careful review of the credible and relevant evidence offered during the trial, and a review of the judicially noticed court records, the court finds the following:

The parties lived in Connecticut at the time of their marriage.   They moved to South Carolina in 2006.   The Wife returned to Connecticut on July 11, 2009 with the plan to live permanently in Connecticut.   She has resided continuously in Connecticut for six consecutive months immediately preceding the filing of the Complaint.   She married the Defendant by her birth name of Deborah L. Markut on June 12, 1993, in Ansonia, Connecticut.   They have been married to each other for 18 years.   This is the first marriage for each of them.   There are two minor children that are issue of the marriage, Timothy J. Stordy, born September 28, 1997;  and Mathew J. Stordy, born on August 22, 2000.   There is no reasonable hope of reconciliation.   The marriage of the parties has broken down irretrievably.   The State of Connecticut has an interest in this action as it is providing medical assistance to the Wife and the parties' minor children.   The Assistant Attorney General appeared as a party to this action pursuant to C.G.S. § 46b–55, and requested that orders be entered for the benefit of the State of Connecticut.   Neither party objects to the relief requested by the Assistant Attorney General it its Prayer for Relief, filed with the court on July 28, 2011.   The allegations of the Complaint are found to be true.   This court has jurisdiction over the marriage of the parties.

The Wife is 41 years of age.   She completed two years of college.   She is a licensed massage therapist.   Currently, she is unemployed and has no earned income.   She receives food stamps of $526 per month and Husky medical from the State of Connecticut.   She is generously supported by her mother Cecelia Markut, who pays all of the Wife's other expenses, and often graciously gives to her and the children beyond their needs and supplies them with what they want.   She is in good physical health and is able to work.   The court accepts and finds (as claimed by the Wife) that she has an earning capacity of between $30,000 and $60,000 annually.   The Wife's prospects of finding employment commensurate with her earning capacity ‘are very good.

The Husband is 44 years of age.   He completed four years of high school and graduated.   He has had no further formal education.   He has Raynaud's Syndrome.   He receives no treatment or takes any medication for it.   It causes him to lose feeling in his extremities (toes and fingers).   The effects usually occur when he is exposed to cold temperatures or a stressful situation.   He earns a living by doing carpentry and construction work.   He has resided in Marion, South Carolina since September 2006.   His ability to work has not been significantly affected by Raynaud's Syndrome since relocating to South Carolina.   He has been employed fulltime, as a carpenter and construction worker, since moving to South Carolina.   He is employed by the Brad Johnson Construction Company.   His average net weekly income is $500.

From 1993 to 1997, the Husband was self-employed and worked full time.   From 1997 through 2006, he did not work full time nor was he regularly employed.

The Wife worked and primarily supported the family with financial help from her mother 1997 through 2006.   The Husband's lack of full-time employment during this time caused tremendous tension and great stress in the marriage.   In addition he had a few incidents of illegal drug use.   He was admitted a “few” times into a substance abuse facility for rehabilitation.   He admitted being with a prostitute and using cocaine in 2006, just before they moved to South Carolina.   The Wife was suspicious that he was even more involved with crack cocaine use than he acknowledged;  that he viewed pornography, was associating with prostitutes, and engaged in extramarital affairs.   She felt that their marriage was about over.   Even though she felt that their marriage had been headed downhill for a long time, she agreed to relocate the family with him to South Carolina.   After moving to South Carolina, he became a “born again Christian.”   She could not tolerate some of his religious opinions and beliefs.   It annoyed and aggravated her that he constantly talked about God and fervently attempted to impose his religious views upon her and the children.   Although he was working full time, they continued to struggle financially and were pursued and sued by creditors.   Often they appealed to the Wife's mother for money to buy food, pay the bills, and for necessities.

In 2009 the Wife's mother was ill.   The Wife returned to Connecticut with the children to temporarily care for her.   They stayed in her mother's home.   She reflected upon their marriage and concluded that it was “in the toilet” and only going downhill.   She further reflected upon their financial burdens, inability to pay bills, and struggle to put food on the table.   She realized and appreciated how good life seemed to be for them with her mother.   She concluded that she didn't want it to change;  she couldn't bear to return to South Carolina;  and unilaterally decided to remain permanently in Connecticut with the children.

The Husband does not plan to return to Connecticut to live.   The weather in South Carolina is more conducive to Raynaud's Syndrome.   He has not used any illegal drug or abused any drug since 2006.   He is very involved in and active in his community.   He works full time for the Brad Johnson Construction Company.   He coaches baseball and constructed a baseball field, which he promised his sons, on the property where they lived in South Carolina.   He regularly attends church services at the Marion Christian Fellowship when in South Carolina and at the Living Faith Church when in Connecticut.   He does not want to abandon his employment with the Brad Johnson Company.   Brad Johnson and his father have shown him considerable favor.   He likes South Carolina as well as his new found life there.   He plans to remarry and live there.   He loves the sports programs and believes the opportunities for his sons in baseball are greater there.   He does not want to cease his civic and community involvement in South Carolina.   He has travelled to Connecticut often during the past year to visit and provide care for his ailing mother;  perform work on her home;  and to see his children.   The Husband wants the children returned to South Carolina to live with him.   However, he presently has no clear plan for how he will provide and care for them.

Both children love and respect their father.   He has always been actively involved in their sports activities.   He has a very good relationship with Mathew.   Tim loves both of his parents.   He is angry that they are getting divorced.   Although there was a period of many months when Tim would not speak to his father, they now have a very good relationship with each other.   He is confused and doesn't want to have to choose between his parents.   It is patently clear that he wants to be with his brother Mathew.   Mathew wants to return to South Carolina and live with his father, and to “learn more about Jesus.”   After a period of vacillating, Tim also wants to live with Mathew and his father in South Carolina.   Each of the boys has a strong passion for baseball.   Baseball has been and continues to be a major focus of their life.   Each of them is very talented and gifted at baseball.   They have demonstrated the potential to do extraordinarily well in the sport.   The Husband and the children have put considerable emphasis on baseball as a reason for them to return to South Carolina.   In the best interest of the children, baseball alone is not enough reason to relocate the children to South Carolina.

The Husband admittedly lacks knowledge and understanding of the quality of the education system in Marion County, South Carolina, where he plans to live with the children, if he's awarded custody.   He believes that the public schools in Connecticut are better than in South Carolina.   He believes that the public schools in South Carolina are “under caliber.”   He plans to initially enroll them in a public school and then transfer them to a private school (P.D. Academy) when he can afford it.   The Wife previously paid for their private schooling at the P.D. Academy in South Carolina with her earnings and with financial help from her mother.

The Wife is a good mother and caretaker for the boys.   They are both doing well in Connecticut.   They are doing well in the Connecticut public schools and have been enrolled in their current school for two years.   They have lots of friends and are active in school, town, local area, and all star team sports.   Their maternal and paternal grandmothers both live in Connecticut.   They have a very close and loving relationship with each of them.   It is in the children's best interest to live in proximity to their grandmothers, and particularly their maternal grandmother, who has for all of their life helped to provide them with stability, family and financial support.   The GAL recommends that the parties have joint legal custody of the minor children and that their primary residence is with the Wife. The court agrees with the GAL that both parents have the children's best interest at heart.

After marrying, the parties lived in Ansonia, Connecticut, in a house owned by the Wife's mother and paid rent.   Ms. Markut purchased the land on Still Road in Oxford, Connecticut, in 2000 with $105,000 of her sole funds.   She procured a $200,000 construction mortgage loan in her sole name and built the house at 3 Still Road in Oxford, Connecticut.   In 2001, the parties moved in with the Wife's mother and paid no rent.   In 2001, Ms. Markut made the Wife a co-owner of the property at 3 Still Road in Oxford, Connecticut.   Neither the Wife nor Husband has ever contributed toward payment of the mortgage loan.

In 2006, the Wife and Husband moved to South Carolina.   A lien for $18,000 was filed against the property at 3 Still Road in Oxford.   The lien was due to the parties' default on a debt to the ABC Company, which the Wife had co-signed for the Husband.   In 2008, after learning of the lien, Ms. Markut removed the Wife as a co-owner of the property.   She negotiated a reduced payoff amount for the lien, refinanced the original loan, and paid off the lien for the reduced figure of $12,000.   She continues to live there.   The property at 3 Still Road in Oxford, Connecticut is not a marital asset to be divided between the parties.

The parties jointly resided in a mobile home on 88 acres of land in South Carolina at 1924 Methodist Road from 2007 to July 2009.   The land was purchased in September 2005 by the Wife's mother Cecelia Markut, for $153,475.   It was solely paid for and owned by her.   In 2006, Ms. Markut quitclaimed it to the Wife for nominal consideration.   The Wife mortgaged the property for $72,000.   The Wife and Husband used the mortgage loan proceeds to payoff their credit card debts incurred for their joint household expenses and to fix up the mobile home.   The mobile home was jointly purchased by the parties in 2005 for $3,000.   It was uninhabitable.   The Husband completely gutted and remodeled it during 2006 to 2008 with approximately $25,000 of the $72,000 mortgage loan proceeds.   He also built, over a period of about six months, the baseball field on the 88 acres of land.   The constructed baseball field has increased the value of the property.

The mobile home has a current fair market value of $50,000.   The 88 acres of land without the mobile home has a current fair market value of approximately $155,000.   The first mortgage balance is $65,000.   It has a current equity value of $90,000.   The Wife has made no payment on the mortgage since July 2009.   The Husband's current girlfriend has made most of the monthly mortgage payments of about $900 on the mortgage since July 2009.   The mortgage is currently three months in arrears and foreclosure proceedings may be commenced in the near future.   The 88 acres of land in South Carolina at 1924 Methodist Road is a marital asset to be divided between the parties.

The court finds that neither party is at substantially greater fault for the marital breakdown.   Neither party is requesting any alimony from the other.   Each of them waived their right to request alimony and recognize that their waiver of alimony is full and final.   Neither party has any retirement funds or deferred compensation plan.

In entering the following decree the court has taken into consideration among other things, the length of the marriage, the causes of the breakdown of the marriage, the age of the parties, their health, skills, employability, amount and sources of income, distribution of the marital assets, their resources, and their respective ability to acquire work and future income.   The court has considered all of the evidence in the light of the statutory factors in Connecticut General Statutes § 46b–81 and § 46b–82 and hereby enters the following orders:

ORDERS

DISSOLUTION OF MARRIAGE:

1. The marriage is hereby dissolved on the ground of irretrievable breakdown.

ALIMONY

2. The Wife waived alimony.   No alimony is awarded to the Wife.

3. The Husband waived alimony.   No alimony is awarded to the Husband.

4. The Husband shall pay alimony of $1.00 per year to the Wife, which is modifiable only by the State of Connecticut, for the benefit of the State of Connecticut.

CUSTODY AND PARENTING TIME:

5. The Wife and Husband shall share joint legal custody of the two minor children.

6. The Wife and Husband shall share physical custody of the two minor children as set forth in paragraph 7 below.   The Wife's residence shall be used as the children's primary place of residence for school purposes.

7. The Husband shall be entitled to have the children every Thanksgiving day until Sunday;  every Christmas break in the odd numbered years from the last day of school until January 2nd;  every Christmas break in the even numbered years from December 26th to January 2nd;  every February school vacation;  every April school vacation, subject to the children's required attendance and participation in mutually agreed upon extracurricular activities and sports;  and every July 1st through August 31st or when the annual school year begins, whichever is earlier.

8. Each of the parties shall have full access to all childcare, school and medical records of the minor children.   Each party shall be notified and allowed to participate in all school meetings with teachers and/or school support staff.   Each party shall have the right to receive copies of all reports issued by any medical or health care provider, teacher or school in accordance with 46b–56(e), C.G.S.

9. The parties shall exert reasonable efforts to maintain free access and unhampered contact between the children and each of them.   The parties shall exert reasonable efforts to foster a feeling of affection between the children and each of them.

10. Neither party shall make any comment that tends to denigrate the other parent to, or in the presence or hearing of, any of the children.

11. Neither party shall do anything that may estrange the children from the other party nor injure the opinion of the children as to the other parent, nor act in such a way as to hamper the free and natural development of each child's love and respect for the other parent.

12. Each party shall be entitled to have telephone contact with the minor children every night between 8:30 p.m. and 9:30 p.m. whenever the child is with the other parent.   In the event the children are not home or available during this time, the custodial parent shall immediately call the other parent upon the child's return home and as soon as the child can be made available to speak with the non-custodial parent that evening.

13. The parties shall provide to each other and keep each other current with their home address, work addresses, cell phone and landline telephone numbers.

14. Each parent is entitled to spend a portion of the children's birthday, mother's day or father's day with them in the future.

15. This order shall be subject to review and modification by the Court.

CHILD SUPPORT:

16. Neither party is required at this time to pay support to the other for the two minor children.   This is a deviation from the child support guidelines.   Deviation from the child support guidelines is warranted based upon the shared custody of the children, the transportation expenses that will be incurred by the Husband to exercise his parenting time, the Wife's current unemployment and lack of income, to coordinate the family's total support, and the best interest of the minor children.

HEALTH INSURANCE:

17. The Husband shall provide and maintain, pursuant to the requirements of C.G.S. § 46b–84, medical, dental, and vision health insurance for the benefit of the children until the age of 18, if available to him at a reasonable cost not to exceed seven and one-half percent of his net income, including if available through his employment.   If a child attains age 18 and is a full-time student, he shall maintain the child's medical, dental and vision health insurance until the child attains age 23, marries, deceases, becomes employed full-time, or is no longer eligible to be carried by him at a reasonable cost.

18. In the event that medical, dental, and vision health insurance for the benefit of the children is not available to the Husband at a reasonable cost, including through his employment then, in that event, the Wife shall maintain such insurance as may be available to her through her at a reasonable cost, including through her employment, for the benefit of the children, until they reach the age of 18, or the age of 23, if the child is a full-time student.

19. Any uninsured or un-reimbursed medical, dental, vision or other health care expense, incurred for a minor child shall be paid fifty (50%) percent by the Wife and fifty (50%) percent by the Husband.

20. Neither party shall contract for any elective surgery or incur expenses for non medical healing arts for a child without consulting with and obtaining the consent of the other, except in the case of an emergency.   Consent to such treatment shall not be unreasonably withheld.

21. The Husband shall be responsible for his own medical, dental, and vision health insurance.

22. The Wife shall be responsible for her own medical, dental, and vision health insurance.

POST–SECONDARY EDUCATIONAL SUPPORT:

23. The court shall retain jurisdiction pursuant to Connecticut General Statutes § 46b–56c regarding any future orders for the post-secondary education of the parties' two children until the age of 23.

TAX DEPENDENCY EXEMPTION:

24. The Husband shall be entitled to claim both children as a tax deduction, exemption or credit until such time as the Wife has become employed and has an annual income of at least $30,000;  then the parties shall each be entitled to claim one child as a dependency exemption.   When there is only one child that is eligible to be claimed, they shall alternate claiming the exemption, with the Wife claiming the exemption in the even-numbered years and the Husband claiming the exemption in the odd-numbered years.

BANK ACCOUNTS:

25. The Wife shall retain all monies deposited in the Bank account listed on her financial affidavit, dated and filed with the court on November 2, 2011, free and clear of any claim by the Husband.

26. The Husband shall retain all monies deposited in the Bank account listed on his financial affidavit, dated and filed with the court on September 22, 2011, free and clear of any claim by the Wife.

AUTOMOBILES:

27. The Wife shall retain and have sole possession and ownership of the 2002 Ford Explorer automobile, free and clear of any claim by the Husband.   She shall be solely responsible for paying any outstanding loan balance and all expenses associated with the vehicle.   She shall indemnify and hold him harmless for any liability or expense associated with the use, maintenance, and ownership of the vehicle.   He shall execute any and all documents required to confirm her ownership of the vehicle, if necessary.

28. The Husband shall retain and have sole possession and ownership of the 1985 Chevrolet pick-up truck, free and clear of any claim by the Wife. He shall be solely responsible for paying any outstanding loan balance and all expenses associated with the vehicle.   He shall indemnify and hold her harmless for any liability or expense associated with the use, maintenance, and ownership of the vehicle.   She shall execute any and all documents required to confirm his ownership of the vehicle, if necessary.

PERSONAL PROPERTY

29. The parties have previously divided their personal property to their mutual satisfaction.   Each may retain any personal property now in their possession free of any claim by the other.

MARITAL RESIDENCE:

30. The parties shall immediately list the 88 acres of land in South Carolina at 1924 Methodist Road to be sold.   Until such time as the 88 acres of land is sold, the Husband shall have the right to exclusive use and occupancy of the 88 acres of land and the mobile home situated thereon.   He shall be solely responsible for payment of the mortgage, taxes, insurance, and all other expenses associated with the property (land and mobile home).   He shall also be solely responsible for any unpaid payment of the mortgage, taxes, insurance, or other expense associated with the property retroactive to July 2009.   Any net profit or loss incurred from the sale of the land shall be shared equally between the parties.

31. The Husband shall retain the mobile home situated on the 88 acres of land in South Carolina at 1924 Methodist Road, free and clear of any claim by the Wife. She shall execute any and all documents required or necessary to confirm his ownership of the mobile home, if necessary.

32. The Husband shall pay to the Wife the sum of twenty five thousand hundred ($25,000.00) dollars for her ownership and equity interest in the mobile home.   He shall make the payment to the Wife when the 88 acres of land is sold from his one-half share of the net proceeds.

33. Until such time as the 88 acres of land in South Carolina at 1924 Methodist Road, is sold neither shall not pledge, encumber or lien, or cause or permit the real estate or the mobile home to be subjected to any judgment or claim without the written consent of the other or the express approval of the court.

34. The court shall retain jurisdiction over the sale of the real property and the distribution of any net proceeds for three (3) years.

DEBTS AND LIABILITIES:

35. The Wife shall be responsible for paying all of the debts set forth on her financial affidavit, dated and filed with the court on November 2, 2011.   She shall indemnify and hold the Husband harmless against any claim brought against him arising from such debts.

36. The Husband shall be solely responsible for paying all of the debts set forth on his financial affidavit, dated and filed with the court on September 22, 2011.   He shall indemnify and hold the Wife harmless against any claim brought against her arising from such debts.

37. Any debt incurred post-judgment is the sole responsibility of the party incurring the debt.

PENDENTE LITE ARREARAGE:

38. The Husband shall pay the balance due on the $1,320 pendente lite arrearage for child support, found by the court on September 27, 2011, at the rate of $30 per week, as ordered by the court on September 27, 2011, until paid in full.

GUARDIAN AD LITEMS FEE:

39. The Wife and Husband shall pay the balance due on the GAL's fee as approved and ordered by the court on November 3, 2011, until paid in full.

COUNSEL FEES AND COSTS:

40. The Wife shall be responsible for payment of her attorneys fees.

41. The Husband shall be responsible for payment of his attorneys fees.

MARITAL NAME:

42. The Wife has elected to retain her marital name of Deborah L. Stordy.   Therefore her birth name of Deborah L. Markut is not restored to her.

By the Court,

John Turner

Superior Court

Turner, John, J.