Alphonse Jagrosse v. Tracy Jagrosse (2012)

MEMORANDUM OF DECISION

This matter was tried before the New Haven Judicial District, on November 28, 2011.   The parties testified and various exhibits were admitted.   The court has considered all of the credible evidence presented to it and carefully considered the relevant statutory criteria for the orders.

The court makes the following findings of facts and orders:  The parties were married in West Haven, Connecticut on June 18, 1999.   There are no minor children of this marriage.   One of the parties has resided in the State of Connecticut for more than one year prior to bringing this action.   The court has jurisdiction.   The marriage of the parties has broken down irretrievably and is hereby dissolved.

The Wife is 42 years old, in good health and is a high school graduate.   She is currently employed on a part-time basis by the Mayflower Motel as a desk clerk.   She has recently obtained this job and expects to earn $216 gross income and $181 net income per week.

The Husband is 43 years old, in good health and is a high school graduate.   He is currently employed by Metro North Railroad as a track worker.   He earns $1,267 gross income and $900 net income per week.

The marital residence is located at 31 Glen Road, West Haven, Connecticut and is valued at $175,900.   There is a mortgage in the approximate amount of $110,000, leaving the amount of $65,900 as equity.

This is a marriage of twelve years.   The wife assisted the husband in furthering his career.   An award of alimony is appropriate considering the above.

FAULT:

The court finds the reason for the marital breakup was caused by the parties' inability to have children and the resulting stress.   The court finds that the fault of the breakdown of the marriage should not be attributed to a greater extent to the husband or the wife.

ORDERS:

The court has considered all the evidence presented by the parties and the relevant statutory criteria and enters the following orders:

1. DISSOLUTION OF MARRIAGE

The marriage of the parties is dissolved on the ground of irretrievable breakdown.

2. ALIMONY

a.) No alimony is awarded to the husband.

b.) The husband shall pay nothing to the wife as alimony until the marital residence is sold and thereafter $250 per week for the total period of six years from the date of this judgment.   Alimony shall sooner terminate upon the death of either party or the wife's remarriage or entry into a civil union and shall be modifiable or terminated in accordance with the provisions of C.G.S. Sec. 46b–86.

An Immediate Wage Withholding Order shall issue unless the parties agree in writing to a Contingent Wage Withholding Order.

3. REAL PROPERTY

The marital residence shall be immediately placed on the market for sale and the net proceeds from the sale, including the return of escrow funds, shall be divided equally by the parties.

During the listing period, and until the sale of the property as set forth above, the husband shall pay the principal, interest, real estate taxes, and home owners insurance and the husband shall continue to be responsible for the variable costs of the utilities consumed and routine maintenance and repairs.   Also during listing period, the husband and wife shall split the cost of any major repairs necessary to be made to the premises, major repairs shall be defined as any single repair which costs more than $500.00 (with the husband and wife paying 70% and 30% respectively).

Both parties may continue to reside in the subject home until the property is sold.   The court shall retain jurisdiction concerning this real property order.

4. PENSION AND IRA

The wife shall be entitled to one-half of the pension benefits that the plaintiff now has as a vested participant of the MTA Defined Benefit Pension Plan in which he presently has approximately six (6) years of credited service.   In addition, she shall receive fifty (50%) percent of the current amounts of the Tier Two Benefits of the plaintiff's Railroad Retirement Pension attributable to his Metro North Rail Service.

A Qualified Domestic Relations Order (hereinafter “QDRO”) should be prepared facilitating the transfer of said pension to the wife.   Said QDRO shall be prepared by Elizabeth McMahon, Esq. and the parties shall share equally in the cost of said QDRO. The parties shall, within thirty days of the dissolution of this marriage, cooperate with Attorney McMahon in providing information necessary for successful completion and preparation of the QDRO.

The husband shall retain his interest in his Roth IRA.

5. AUTOMOBILES

The wife shall retain ownership and use of the 1999 Jeep Cherokee station wagon.   The husband shall transfer ownership of said vehicle to the wife.   The husband shall retain ownership of his vehicle which is a 2002 Ford F–150 truck.

6. TAX RETURNS

The parties shall file a 2011 Tax Return jointly and shall split the refund equally.

7. PETS

The wife shall retain ownership of Hope, Midnight and Sadie, her cats and the husband shall retain ownership of his dog Sampson and Tiger and Shadow, his cats.

8. PERSONAL PROPERTY

Except as otherwise provided herein, each party shall continue to own that property which is now in his or her name or possession free and clear of any claim by the other.

Except as provided herein, the parties shall divide their personal property by discussion between the parties and, if the parties cannot agree upon a division of said personal property, the parties shall use an arbitrator to decide these issues.   The cost of the arbitrator shall be borne equally by the parties.

9. HEALTH INSURANCE/HEALTH CARE COSTS

Plaintiff will provide his own medical coverage.

The Plaintiff will pay the defendant's monthly COBRA cost (currently at $573.07 per month) for thirty-six (36) months from the date of dissolution.   Said obligation will terminate sooner should the defendant obtain employment which offers her medical coverage.

Defendant to notify Plaintiff within 48 hours of her obtaining full-time employment and/or medical coverage being made available to her.

10. LIFE INSURANCE

a. The husband shall maintain life insurance on his life in the amount of $50,000 naming the wife as irrevocable beneficiary so long as he has a financial obligation to the wife alimony.

b. Said obligation to maintain life insurance is subject to modification in the event of a substantial change in the financial condition of the parties or a substantial change in its cost.   The husband shall provide proof of such coverage to the wife on January 1st of each year.

11. DEBTS

The husband shall be solely responsible for the Citicard, Chase and Wells Fargo debts listed on his financial affidavit.

12. ATTORNEYS FEES AND COSTS

Each party shall pay their own attorneys fees and costs in connection with these proceedings.

13. TAX RETURNS

Both parties shall provide the other with a copy of his or her individual federal tax return (first two pages only), 1099s, W2s and Schedule Cs for the previous year by April 30 of each year so long as the husband has a financial obligation to the wife.

14. EXECUTION OF DOCUMENTS

Both parties shall immediately execute any and all documents necessary to implement these orders upon the reasonable request of the other party.

15. NAME

The wife's maiden name of Raccio is hereby restored.

By the court,

Judge Richard E. Burke

Burke, Richard E., J.