Eddie Servance v. Kisha Cobb–Servance (2012)

MEMORANDUM OF DECISION

The plaintiff, Eddie Servance and the defendant, Kisha Cobb intermarried at Norwalk, Connecticut on November 19, 2001.   There are three minor children issue of the marriage, C.S. born on September 14, 2001, C.S., born on November 24, 2002, and E.S., born on January 6, 2003.   The defendant has proceeded on her cross-complaint.   The Court has the requisite juris.   The parties have been Husky recipients.   The marriage has broken down irretrievably and is dissolved.

This has been a stormy twelve-year marriage.   The parties separated in February of 2011 and have been apart since then.   The plaintiff is 47 and the defendant is 39 years old.   Defendant is a certified paralegal and is employed as a part-time secretary at a local law firm.   She earns $137.00 per week, net.   She has actively been seeking full-time employment.   She has worked consistently since the time of her marriage.   Husband recently worked at his part-time exterminating business.   He has been paid by cash or by check.

While both of the parties have made claims related to fault for the breakdown of the marriage the assets of the parties do not warrant the Court giving great significance to these claims and the ultimate orders do not effect the issue of fault.

The issue of the parties' finances create a great deal of difficulty for the welfare of the parties' three children who are all at a tender age.   The mother who owns her own home that has no equity is struggling.   The father has failed to pay the mortgage as ordered by the Court and has been incarcerated for failure to abide by the Court's prior orders as related to alimony and child support.   The history as relates to the father and his financial obligation to his family is horrendous.   He is healthy.   He showed deposits in excess of $51,000 for the year 2010.

From January 6, 2011 through October 14, 2011 he shows deposits in excess of $24,000 but has no explanation of where it comes from.   He has completely ignored the existing support order.   It would serve no purpose to further detail his unwillingness to follow the Court's orders as related to his support obligation.

ORDERS

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

1. Legal custody

a.  Mother shall have legal custody of the three minor children, to wit:

— C., age 10,

— C., age 9,

— E., age 8.

b. The parties shall participate in co-parenting counseling with either Child Guidance, Catholic Charities, or Jewish Family Services, for a period of (6) six months, postjudgment.

c. At the end of six (6) months, the parties shall report back to Court with respect to the following:

i.  Effectiveness of co-parenting counseling, and the parties' ability to co-parent;

ii.  Whether an order of sole legal custody shall continue.

2. While the parenting plan entered into on October 31, 2011 delineates joint legal custody there has been a substantial change in circumstances since that time.   That order is not in the best interests of the minor children.   Based on the evidence presented at trial this Court enters an order of sole legal custody to defendant.

Holiday and vacation parenting time are designated as follows:

Major Holidays:  The parties shall have parenting time with the minor children on all major holidays, to include Easter, Memorial Day, 4th of July, Labor Day, Halloween, Thanksgiving, Christmas Eve/Day, and New Year's Eve/Day, as follows:

a.  Easter:  The mother shall have parenting time with the children in even years, and the father in odd years.

b. Memorial Day:  The mother shall have parenting time with the children in odd years, and the father in even years.

c. 4th of July:  The mother shall have parenting time with the children in even years, and the father in odd years.   Parenting time shall be from wake up or 9:00 AM, overnight to the next morning at 9:00 AM.

d. Labor Day:  The mother shall have parenting time with the children in odd years, and the father in even years.   Parenting time shall be from wake up or 9:00 AM until 8:00 PM.

e.  Thanksgiving:  The mother shall have parenting time with the children in even years, and the father in odd years.   Parenting time shall extend from 7:00 PM the Wednesday prior to Thanksgiving until 5:00 PM the Sunday after Thanksgiving.

f. Christmas Eve & Day:  The mother shall have parenting time with the children on Christmas Eve overnight to Christmas Day at 2:00 PM;  the father shall have parenting time with the children from 2:00 PM on Christmas Day overnight to December 26th at 12:00 noon.

g. The children shall spend Mother's Day each year with their mother, and Father's Day each year with their father.   Each parent shall be entitled to parenting time with the minor children on their respective birthdays.   On these days, the parent who does not normally have parenting time on that day shall be entitled to spend two hours with the children, to exchange cards, gifts and well wishes.

h. Vacation Time:  The parties shall have parenting time with the minor children for vacations, as follows:

A.  Over the summer months, the parties shall each be entitled to two weeks of summer vacation with the minor children, which may be consecutive.   Each party shall provide the other thirty (30) days notice of any vacation, and shall be required to provide an itinerary to the other parent regarding travel plans no less than 14 days prior to the vacation, to include flight, hotel and contact information (whatever is applicable).

B. For the winter school break between Christmas and New Year's the parties shall equally divide the time off from school between them, to be agreed to by the parties.

C. With respect to school vacations:  The parties shall alternate the February and April school breaks each year, as follows:  in even years, the father shall have parenting time over the February school break, and the mother shall have parenting time over the April school break.   In odd years, the mother shall have parenting time over the February school break, and the father shall have parenting time over the April school break if there is a break.

i. The holiday vacations schedule shall supersede the regular parenting plan.   At the end of the specified time for each holiday, the regular parenting plan shall resume.

j. For each school year, each parent shall be responsible to pay for one set of school uniforms, to be kept at each parent's home for the benefit of the minor children.

II. Medical Insurance

1.  The parties shall each be responsible for their own medical insurance premiums, as well as any unreimbursed medical expenses, postjudgment.

2. At preset, the children are insured through the State of Connecticut Husky Part A plan.   Any and all prior Orders as to the apportionment for the cost associated with Husky Part A shall remain in full force and effect.

3. Based upon the shared physical custody arrangement, the parties shall equally divide, fifty percent (50%) each, unreimbursed medical and dental expenses, this deviation from the Child Support Guidelines is for a coordination of total family support.

4. Unreimbursed medical and dental costs shall include, but are not limited to, office co-pays, prescription costs, eye care, dental cleanings, orthodontia, surgical and nonsurgical care, therapy, and emergency medicine.

III. Life Insurance

1.  The Plaintiff father shall obtain life insurance in the amount of $150,000.00 and shall name the minor children as the sole beneficiaries of this policy.   The Plaintiff father shall name the Defendant mother as trustee for the minor children.   The father shall be responsible to maintain this policy, or a comparable policy, until such time as each child graduates from college or reaches age twenty-three (23), whichever shall first occur.

IV. Post–Secondary Education

The Court shall retain jurisdiction to enter educational support orders for the minor children.   The parties shall utilize any existing college education funds available for each child at the time they proceed to college, as well as make application for student loans and grants, prior to seeking a determination for payment with this Court.

V. Alimony & Child Support

1. The Husband shall pay alimony to the Wife in the amount of $150.00 per week, for a period of five years from the date of dissolution, non-modifiable as to term.   Alimony shall terminate upon the first of the following to occur:  the expiration of the five-year term, the death of either party, the Wife's remarriage, or cohabitation pursuant to the statute.

2. The father pay child support in the minimum amount of $203.00 per week, until such time as the minor children reach age eighteen, die, marry, or are emancipated, whichever first occurs.   If the children have not graduated from high school prior to their eighteenth birthday, child support shall continue until that child graduates from high school or attains the age of nineteen years, whichever first occurs.

3. The parties shall share equally, fifty percent (50%) each, the cost of qualified child care costs for the minor children, to include babysitting expenses and after school care, as well as summer camp expenses.

4. A wage garnishment shall be in place through the State of Connecticut, Bureau of Support Enforcement Services.   As the Plaintiff is self-employed, he will be required to make his payments directly to the bureau of Support Enforcement each week.

VI. Distribution of Real & Personal Property

1. The Wife shall retain the marital residence located at 23 Sturtevant Place, Bridgeport, Connecticut free from any claim by the Husband.   The home is already titled in the Wife's name alone.   The Wife shall be responsible to pay any and all costs associated with said residence from the date of dissolution forward, including but not limited to any mortgage, real estate taxes, homeowner's insurance, utilities, maintenance, and repairs, and shall indemnify and hold the Husband harmless from the same.

2. Personal Property:  The Wife shall retain the remainder of the home furnishings and personal property located at the marital residence.   In addition, each party shall retain their personal property, clothing, jewelry and other effects currently in his or her possession.   Husband's china closet shall be removed within 20 days of the date of this judgment.

3. Vehicle:  Each party shall retain their respective vehicles, free from any claim by the other party.   Each party shall be responsible to pay any and all costs associated with their vehicles, to include the lease/loan payment, insurance, taxes, maintenance and repairs, and shall indemnify and hold the other party harmless from the same.

VII. Bank, Broker & Retirement Accounts

1. The parties shall equally divide the balances in their bank, broker and retirement accounts, all listed in the sole name of the Husband and based on the balances at the date of judgment.

VIII. Debts, Liabilities & Counsel Fees

1. Debts & Liabilities:  The parties shall each be responsible to pay any and all debts and liabilities listed on their respective financial affidavits, and shall indemnify and hold the other party harmless from the same, with the exception of the following:  any monies due and owing, or past due, on any utility for the marital residence, shall be divided equally by the parties as of the date of dissolution.

IX. Tax Matters & Attorneys Fees

1. Beginning in tax year 2011, the parties shall file their income taxes separately.   The Wife shall claim all three minor children as deductions for income tax purposes each year.

2. The parties shall exchange W2s, 1099s, and/or K–1s by April 15th of each year, or October 15th, if an extension is filed.

3. The Husband shall contribute $3,000.00 to the Wife's attorneys fees payable within 90 days.

X. Contempt

The issue of contempt shall be heard by the Court on April 5, 2012 at 9:30 A.M. Both parties shall be present.

By the Court,

OWENS, J.T.R.

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