Clifton Cheverria v. Diane Cheverria (2011)

MEMORANDUM OF DECISION

This action seeks the dissolution of the parties' eight-year marriage.   The action was commenced by a complaint dated March 31, 2011 which was returnable to the court on April 26, 2011.

Both parties appeared at trial on December 2, 2011 as self-represented litigants.   The court considered the testimony and financial affidavits of the parties and the provisions of General Statutes §§ 46b–81 and 46b–82.   As financial matters were in dispute in the contested dissolution trial, the court ordered the unsealing of the financial affidavits pursuant to Practice Book § 25–59A.

FINDINGS OF FACT

The court makes the following findings of fact.   All factual findings made herein have been made by a fair preponderance of the evidence unless otherwise set forth herein.

The parties were married in East Hartford, Connecticut on June 7, 2003.

The plaintiff was born in Jamaica.   He is forty-seven years old.   He testified that he completed the eighth grade in Jamaica;  his testimony, however, was contradicted by the defendant who testified that he told her he had no education.   In any event, he moved to the United States in 2000 at the behest of the defendant.

He testified that he has high blood pressure and that he does not have medication to treat it because he lacks insurance.   That testimony is not found to be credible.   The defendant credibly testified that he remains covered under the health insurance available to her through her employer.

The plaintiff had four children before his marriage.   His testimony as to their current ages was halting.

He currently works as a brazier at a manufacturing business where he has been employed for the past two years.   He previously worked at Price Rite and in a nursing home.

His current weekly gross salary is $420.

The defendant was born in the United States.   She is fifty-four years old.   She has four daughters from earlier relationship(s) who were born prior to her marriage to the plaintiff.   She has raised more than one grandchild and a nephew due to the incarceration of her daughters;  one of the grandchildren who came to live with her was born while the defendant's daughter was incarcerated.   The defendant is indebted to a bail bondsman in the amount of $10,000 because one of the daughters “jumped” bail.

She has a GED and has attended some college.

She has worked for Tri-county ARC for the past ten years.   She currently earns $677 a week gross.

For the first three years after the marriage she worked at a similar job during the day and at the Christmas Tree Shop in the evenings to make additional money.   She worked two jobs so the plaintiff would be free to take literacy classes—which he did not finish.

She has high blood pressure for which she takes medicine and is borderline diabetic.

The defendant owns the marital home located at 410 Burnside Avenue, East Hartford, Connecticut.   She purchased the home in 1998 for $87,000.   That is the only value provided to the court.   The defendant testified that the home has not appreciated in value because it needs so much work.   There is a first mortgage on the home having a balance of $64,000.   The bail bondsman has placed a lien on the home as have other creditors, including, without limitation, AT & T, CitiFinancial and the Hartford Housing Authority.   The defendant is also one month behind in her mortgage payment.

The parties have failed to pay the electric bill for services provided to the marital home.   The electric bill is in the name of the defendant alone.   The balance due on the account as of November 23, 2011 is $26,410—the defendant testified the utility company, CL & P cannot shut off the power because the defendant has a grandchild living with her who is insulin dependent and because of another grandchild who needed a nebulizer.   The defendant credibly claims the payment of the electric bill was the responsibility of the plaintiff as she paid the mortgage and the other household bills, including the taxes, homeowner's insurance, car insurance on all of the parties' vehicles and the telephone and cable bills.   The court has taken judicial notice of the fact that CL & P has instituted a collection action in Hartford Superior Court bearing docket number HHD–CV–10–6017395–S.   The action was instituted by CL & P against both parties, but CL & P has since filed a withdrawal of the action against the plaintiff.

The plaintiff testified that he moved in and out of the home.   The defendant believes he did so to be with a girlfriend.   The defendant also believes that the plaintiff has fathered two children during the term of the marriage—one of whom is named Abigail.   He denies having any children other than those he left in Jamaica.   The defendant's testimony on the issue was the more credible.

The defendant filed for divorce in December 2010 but did not pursue the action as the parties reconciled, for a time.

The parties gave conflicting testimony as to the occurrence of domestic violence in the home.   The court takes judicial notice of two orders of protection issued in GA12 in docket numbers CR10–0232554 arid CR10–0232555 in connection with a charge of Breach of Peace 2nd against each of the parties in which the other party was the protected person.   The plaintiff was ordered to stay away from the marital home under the protective order.   The orders terminated on February 3, 2011.

The court finds the plaintiff to be the party who is more at fault in the breakdown of the marriage.

ADDITIONAL FINDINGS AND ORDERS

The court makes the additional findings and enters the following orders:

1. The court has jurisdiction in this matter which has been pending for more than ninety days.   The plaintiff lived in the State of Connecticut for more than one year prior to the institution of the action.

The marriage has broken down irretrievably.

The court finds the allegations of the complaint have been proven and are true.

The State of Connecticut has not contributed to the support of the parties.

2. The marriage of the parties is hereby dissolved, and they are each hereby declared to be single and unmarried.

3. (a) The plaintiff shall pay to the defendant the sum of one ($1.00) Dollar per year as and for periodic alimony, until the sooner to occur of the (i) plaintiff's satisfaction of his obligation to pay one-half of the indebtedness to Connecticut Light & Power (CL & P) as set forth below;  (ii) death of either party, or (iii) remarriage of the defendant.

(b) No alimony is awarded to the plaintiff.

4 The plaintiff and the defendant shall each obtain their own medical insurance.

5. Each party shall be entitled to keep their own automobiles, whether owned or leased, free and clear of any claims by the other, and each party shall cooperate with the other regarding the execution of any documentation necessary to transfer and/or register same.   Specifically, the plaintiff shall retain the 1997 Lexus ES300 and the defendant shall retain the 1998 Nissan, the 2001 VW Passat, the 1999 Toyota Camry and the 2000 GMC truck.   The defendant shall be solely liable for the loan secured by the Passat and shall indemnify and hold the plaintiff harmless from any and all liability.

6. The defendant shall retain the home at 410 Burnside Avenue, East Hartford, Connecticut.   With an exception for the bill payable to CL & P which is addressed below, the defendant shall be solely responsible for all household expenses that are past due or which accrue in the future in connection therewith and for the indebtedness secured by the mortgage and amount payable in connection with all of the liens and judgments that encumber such property and the defendant shall indemnify and hold plaintiff harmless with respect to the same.

7. Regardless of the allocation of the indebtedness by the court in the pending collection matter, the plaintiff is ordered to pay to CL & P one-half of the amount due as of November 23, 2011 or $13,336 and the defendant shall be responsible for the balance of the account then due and for the entire amount that accrues from and after the November 23, 2011 billing by CL & P. The parties shall indemnify and hold the other harmless with respect to the share of the CL & P bill each is ordered to pay.

8. The parties shall retain any bank account they may hold free and clear of any claim by the other party.

9. Each party shall be entitled to his/her personal property free and clear of any claim by the other party.

10. Subject to the terms of this order, each of the parties shall keep the assets listed on his/her respective financial affidavit and be responsible for the debts listed on the same.   Each party shall indemnify and hold the other harmless with respect to any debt, or portion thereof, ordered to be paid by such party.

11. Each of the parties will indemnify and hold the other harmless with respect to any tax deficiency found by reason of that parties' income or deductions.

12. Each party shall be responsible for their respective attorneys fees, if any, and costs incurred in connection with this action.

13. Each party is ordered to sign whatever documents are necessary and, as presented to them by the other party, to effectuate these orders within ten days of presentment.

Unless otherwise specifically set forth herein, these orders are effective immediately.

SO ORDERED.

BY THE COURT,

Olear, J.

Olear, Leslie I., J.