Rafael Quinones v. Mary Quinones (2012)

MEMORANDUM OF DECISION

The plaintiff who was a resident of New London, Connecticut initiated this action for dissolution of marriage with a complaint that was returned to the court on March 8, 2011.   At the time, the defendant was a resident of New London, Connecticut.

The court finds that it has jurisdiction and that all statutory stays have expired.

A limited contested trial was held before the undersigned on April 24 and 25, 2012.   Both parties appeared at trial and were represented by counsel.

The court has fully considered the criteria of General Statutes §§ 46b–81 and 46b–82 as well as the evidence, applicable case law, the demeanor and credibility of the witnesses and arguments of counsel in reaching the decisions reflected in the orders that issue in this decision.

FACTUAL FINDINGS

The court finds that the following facts were proven by a preponderance of the evidence:

The parties were married on July 11, 1992 in New London, Connecticut.   There are two children, born before the marriage to the parties, India Quinones born April 4, 1988 and Claudia Quinones born May 21, 1991.   In addition, the parties raised two other children;  the wife is the biological mother and the husband is the stepfather who raised them as his own.

The parties appeared, together with counsel, for trial on April 24 and April 25, 2012.   Both parties waived closing arguments and were permitted to file written closing arguments on or before May 4, 2012.

FINDINGS OF FACT

Throughout the marriage, the wife, now 51, was primarily a home keeper and mother while working at various volunteer jobs in the community and in her church with which she has always been very involved.   She recently acquired her associate's degree and then her bachelor's degree from Connecticut College in Early Childhood Development but is unemployed.   She has a large student loan as a result.   She was primarily responsible for managing the money and paying the bills.

The wife suffers from back pain for which she has undergone two surgeries and several injections and a debilitating and painful skin condition.   She testified credibly that she is able and willing to return to work as a home health aide at $8 per hour at 20 hours per week.   There was no evidence presented regarding her ability to work within the fields of her college degree.   She testified credibly that during the last two years of the marriage, her husband drank to excess on a daily basis, became distant and secretive.   She had confronted him with her fears that their marriage was faltering and she suggested counseling with the minister of her church.   He refused all efforts of counseling or communicating with his wife and never returned to their church.   They had enjoyed regular vacations through and including July 2010.   Thereafter, he vacated the marital residence and has set up housekeeping with his new girlfriend.

The cause of the breakdown of the marriage is found to be his.

The husband has been a union ironworker earning $33.50 per hour and $49 per hour overtime.   He was laid off on April 20, 2012 but reports that this is a common phenomenon and he will be back to work soon.   He is presently collecting unemployment compensation in the amount of $490 per week.   In addition, he does odd jobs including lawn mowing, landscaping and repairs.   He cannot read and speaks broken English.   It does not appear that the parties filed taxes in 2011 or 2010.   The husband reported taxable income of $97,000 in 2007, $71,000 in 2008 and $45,000 in 2009.   The court finds that he also earns miscellaneous income from his landscaping, handyman and lawn mowing jobs.

The assets of the parties include the marital residence, which the parties stipulated to be worth $285,000 with a $167,000 mortgage or $118,000 in equity, a 1998 Nissan Altima worth $700, a 2000 Altima, a 1969 Ford galaxy, a 1995 Honda Civic, a 1998 Ford Taurus, a 1995 Dodge Ram pickup truck worth $500 and a 1997 Mazda Miata with no motor worth $400.   There exists the husband's People's Bank checking account with $700, a People's retirement account of $39,000, the husband's Connecticut Laborers' annuity worth $680, the husband's United Steel 401(k) plan with no value, the husband's Iron Workers' Local annuity worth $17,000 and the wife's Liberty Bank account of $50.   In addition, the husband has some lawn mowers, weed whackers and miscellaneous lawn mowing equipment.

In January 2011, the husband liquidated his Raymond James retirement account in the approximate amount of $27,000.   He testified that the money was used for bills, living expenses, credit card debt, his setting up of his new residence and gifts to his adult children.   He was unemployed during much of 2011 and the wife earns no income at all.   He was unable to produce documents verifying the disposition of this asset and the wife was unable to produce documents that the money was used in ways other than his explanation.

In addition to the wife's college loan in the approximate amount of $22,000, the parties have credit card debt, store charges, utility, medical and tax bills in the approximate amount of $28,000.   This is found to be marital debt.

The husband has an earning capacity of $60,000 per year.

The wife has an earning capacity of $15,000 per year.

The wife asks that the marital home be sold and the equity divided.   The husband asks that he be granted the marital residence and that he would pay off the wife.   It does not appear that he is financially able to responsibly assume that debt and he presented no credible plan for refinancing the mortgage so as to give to the wife her share of the equity.   The court finds that the fairest way to resolve the home issue is to have it sold and the proceeds divided.

The wife was also prosecuting a pendente lite motion for contempt alleging that the husband had canceled her health insurance and automobile insurance.   The motion for contempt is denied.   The court finds that the husband lost his health insurance as a result of his having been laid off and working too few hours.   The court finds that the husband did not cancel the wife's automobile insurance but rather divided the policy into two separate policies and the wife was unable or unwilling to pay her automobile premiums.

ORDERS

1. Dissolution may enter.

2. The wife's birth name is restored.

3. The husband will pay to the wife alimony in the amount of $350 per week for the sooner of her death, remarriage, cohabitation or ten years.

4. The wife shall be entitled to her first choice of any motor vehicle in her or in her husband's possession.

5. The husband shall be entitled to his tools, lawn mowers and landscaping equipment, the cable box in the marital residence and one motor vehicle after the wife has made her selection of a motor vehicle.   All other motor vehicles will be sold and the proceeds shared equally.

6. Each party will retain the personal possessions, furnishings and furniture presently in their possession.

7. The husband shall be permitted to retain his People's Bank account in the approximate amount of $700, his Connecticut Laborer's annuity in the approximate amount of $680 and his United Steel 401(k) plan of no value.   The wife will be permitted to retain her Liberty checking account in the approximate amount of $50.

8. The husband's Iron Workers' Local annuity fund and People's security retirement account in the approximate amount of $40,000 shall be divided with the wife receiving 60% and the husband receiving 40% as of the date of dissolution.   If a Qualified Domestic Relations Order (QDRO) is required, the cost of such preparation will be shared equally.

9. The marital home shall be sold and the parties will share the equity, with the wife receiving 60% and the husband receiving 40%, after the payment of the mortgage, outstanding taxes, liens, normal adjustments, closing costs and the marital debts listed on the financial affidavits of both parties with the exception of the wife's student loan debt which she shall assume herself as she received a benefit of the college degree.   Until the sale, the wife will have exclusive possession of the home and be solely responsible for the mortgage, taxes, insurance and expenses associated therewith.   Any postjudgment accumulated arrearages on the mortgage, taxes or utilities associated with the marital residence shall be deducted from the wife's share of the proceeds.   The court will retain continuing jurisdiction regarding the sale of the marital premises.

10. The $2,000 held in escrow shall be divided equally through the respective attorneys.

Shluger, J.

Shluger, Kenneth L., J.