Regina Love Bernardo v. Anthony M. Bernardo (2012)

MEMORANDUM OF DECISION

The plaintiff whose birth name was Regina Love and the defendant intermarried on May 20, 1990.   There are two minor children issue of the marriage, Nicholas Bernardo, born on August 4, 1994 and Jessica Bernardo, born on October 18, 1995.   The Court has the requisite juris.   The State of Connecticut has an interest because it has contributed assistance to the parties pursuant to the Husky program.

This is a marriage of approximately 20 years duration.   The Husband is 54 and the wife is 53.   While there is some evidence of defendant's misbehavior directed toward the plaintiff the major issue is the economics of the family.   Part of the reason for the demise of the marriage is an alcohol problem that defendant had for sometime.   The defendant was arrested for family violence.   The defendant had difficulty maintaining steady employment and to his credit when he was not employed he took care of the parties' two children while the plaintiff worked steadily and assiduously.   Because of defendant's inability to gain regular and sustained employment the plaintiff was the primary bread winner.

The defendant's life style led to a disintegration of the marriage.   His physical violence directed towards the plaintiff became oppressive and excessive in the latter years of the marriage.   The defendant is at fault for the breakdown of the marriage.

ORDER

The Court has carefully considered all of the criteria set forth in 46b–81 and 46b–82 Conn. Gen. Stats. as well as the assets, liabilities, income and expenses of the parties in entering its orders.

1. The marriage has broken down irretrievably and is dissolved.

2. No alimony is awarded to either party pursuant to their agreement.

3. CUSTODY AND VISITATION

The parties shall have joint legal custody of the minor children.   Physical custody and place of residence for the minor child shall be with the Wife.

The Husband shall have the right of reasonable, flexible and liberal visitation with the minor child.   No alcohol use for at least 12 hours prior to visitation.

Any expense or cost involved in the Husband's exercise of his rights of visitation shall be and remain his responsibility and will be paid for by him.   Any such cost or expense incurred by the Husband in connection with the exercise of his rights of visitation shall be separate and apart from and in addition to any and all payments made or to be made to the Wife for the support of the minor children.   The Husband shall pay all transportation costs incurred in connection with visitation, and all costs and expenses of the children, including the costs of food and lodging, and the Husband shall not be entitled to any deduction from any payments to the Wife on account of amounts expended by him during the exercise of his visitation rights.

Each party shall make every reasonable effort to foster feelings of affection between the minor children and the other party.   Neither party shall attempt to impede or hamper the free and natural development of the minor children's love and respect for the other party.

Each party shall have reasonable access to the minor children while they are with the other party, including reasonable access by mail and reasonable access by telephone during reasonable hours.

Each party agrees to keep the other informed as to the whereabouts of the minor children.   Each party also agrees that if he or she has knowledge of any illness, injury, accident or other circumstances seriously affecting the health or welfare of the minor children, he or she will promptly notify the other party.

4. SUPPORT OF MINOR CHILDREN

The Husband shall pay to the Wife as child support for the minor children the sum of $134.00 per week, determined in accordance with the Connecticut Child Support Guidelines without any deviation from same, until NICHOLAS J. BERNARDO attains the age of eighteen (18) years if graduated from high school, attains the age of nineteen if not graduated from high school, becomes emancipated or dies, or either parent dies, whichever event shall first occur, whereupon the amount of child support payable on account of JESSICA LOVE BERNARDO shall be determined in accordance with the Connecticut Child Support Guidelines without any deviation from same and same shall be payable until JESSICA LOVE BERNARDO attains the age of eighteen (18) years if graduated from high school, attains the age of nineteen if not graduated from high school, becomes emancipated or dies, or either parent dies, whichever event shall be first occur.

The Husband shall be responsible for fifty (50%) per cent of all costs incurred for uninsured and unreimbursed medical, dental, orthodontia, psychological, psychiatric or any other medical and dental related expense over and above the then applicable co-pay.

5. INSURANCE

Each of the parties shall maintain their own medical and hospitalization insurance for their own benefit as they each shall determine.

At the present time, the minor children are covered by the State of Connecticut HUSKY medical insurance program and shall remain so until and unless they become ineligible therefor.   The parties shall pay such contribution, if any, to the cost of such medical insurance coverage as shall be determined by the State of Connecticut.

See State of Connecticut Orders annexed to this judgment.*

In the event that the minor children shall not be eligible for the HUSKY medical insurance program, then the Husband shall maintain medical insurance for the minor children for so long as it is available from his employer or union at a reasonable cost.   In such event, the Husband shall pay the cost of medical insurance for the minor children, until they shall attain the age of twenty-three (23) years or sooner completes college education or fails to pursue an education program as defined in C.G.S. § 46b–56c(e).

In the event that neither parent can provide such medical insurance coverage through his or her employment or union, at a reasonable cost, then the parties shall cooperate and obtain medical insurance coverage for the minor children and shall each pay for one-half of the cost thereof.   Said coverage shall be in effect for the minor children until each child attains the age of twenty-three (23) years or sooner completes college education or fails to pursue an education program as defined in C.G.S. § 46b–56c(e).

The Husband shall pay the cost of medical insurance for VICTORIA ROSE BERNARDO until she shall attain the age of twenty-three (23) years or sooner completes college education or fails to pursue an education program as defined in C.G.S. § 46b–56c(e).

Life Insurance.   Neither party shall have any obligation to maintain life insurance on his and her own life for the benefit of the other or for the benefit of the parties' children.

6. COLLEGE EDUCATION

The Connecticut Superior Court shall retain the jurisdiction or power to enter any Educational Support Orders for the post-high school education of the minor children in accordance with the provisions of C.G.S. § 46b–56c.

The Husband has cosigned educational loans for the parties' daughter, VICTORIA ROSE BERNARDO.   The husband shall continue to do so for VICTORIA ROSE BERNARDO and shall do so as necessary and/or required for the parties' minor children.   In addition, the Husband shall pay any monthly payment required on any and all such loans until the child shall graduate or cease their educational program, whereupon, the child shall be primarily responsible for the repayment of any loans.

7. DEBTS

There exists no debts or liabilities in their joint names, other than the mortgage on the residential property.

Except as otherwise specifically provided for herein, each of the parties shall be solely responsible for the liabilities standing in his or her own name on the date of the execution of this Agreement.   Each party agrees to indemnify and hold harmless the other from any liability or loss, including reasonable attorneys fees, in the event that any claim is made against one of them for a debt which is the responsibility of the other.

Each of the parties shall be responsible for and shall pay one-half of the debt to Hidden Oak Group/MBNA as same was incurred for the medical costs of Jessica.

8. PROPERTY DIVISION

Personal Property.   Each of the parties shall retain all assets standing in his or her own name as set forth on his or her respective Financial Affidavit.   The Connecticut National Bank pension shall be the exclusive property of the plaintiff.

The jointly owned 2006 Honda Civic automobile shall be the property of the Wife.

The Husband shall cooperate with the Wife and execute all documents necessary to transfer the title to same to the Wife within 10 days.   The Wife shall be solely responsible for the full repayment of the balance of the outstanding loan encumbering said vehicle and she shall indemnify and hold the Husband harmless from said loan.

The Chevrolet Tahoe shall be the property of the Husband.   The Wife agrees to cooperate with the Husband and execute all documents necessary to transfer the title to same to the husband within 10 days.

9. INCOME TAX REFUNDS

The Husband shall pay over to the Wife the Federal and State Income tax refunds he receives for the year 2011, immediately upon receipt.

10. REAL PROPERTY

Based on the testimony presented by the parties (Wife claims the value of the real estate is less than $400,000.00 and the Husband claims the value is $550,000) the Court finds that the value of the parties' real estate is $375,000.00.

It is ordered that the Plaintiff shall be the sole and exclusive owner of the real estate and the defendant shall execute and deliver a quitclaim deed for his interest within 20 days from judgment.   No later than three years from date of judgment the wife shall pay to the husband the sum of $20,000 without interest.   Said amount shall be secured by a note and mortgage deed to be prepared at husband's expense.   Subsequent to said three-year period if the $20,000 is not paid it shall bear interest at the then existing legal rate of interest.

11. The Plaintiff's birth name, Regina Maura Love, is ordered restored.

12. Each party shall be responsible for their respective attorney fees as related to this action.

13. The defendant shall pay the State of Connecticut sums set forth in order dated February 3, 2012.  (Ex. A, attached hereto).*

By the Court,

OWENS, J.T.R.

*Editor's Note:  The referenced attachments are not included with the reported opinion.

Owens, Howard T., J.T.R.