Javier Farias–Farias v. Maria Farias–Farias (2012)

MEMORANDUM OF DECISION

This is a limited contested matter claiming a dissolution of marriage and distribution of property and other relief.   The matter was tried before this court on May 8, 2012.   The defendant was represented by counsel;  the plaintiff was self-represented.   Based on the evidence presented at trial the court makes the following findings by a preponderance of the evidence.

The court has jurisdiction over this matter, the plaintiff resided in Connecticut for at least twelve months prior to bringing this action.   The Court also finds that the allegations of the complaint (and cross complaint) are proven and are true.   Maria Godoy married Javier Farias–Farias on December 3, 1993.   Three children were born to this couple:  Francisco, on 9/29/96;  Norma, on 10/19/01 and Elizabeth, on 6/21/07.   No other children were born to the defendant since the date of the marriage;  she is not currently pregnant.   The parties have received State assistance.   The AAG has filed an appearance and submitted proposed orders in this matter.   In addition, there are current child support orders through the Magistrate Court.   The court also finds that this marriage has broken down irretrievably, without the hope of reconciliation.

Subsequent to their marriage the couple relocated to the United States.   The plaintiff is a member of Westchester Putnam Counties Heavy and Highway Laborers Local No. 60, through which he obtains employment with various contractors.   He earns an average of $1,100.00 a week gross, and an average net income of $922.00 per week.  (Def.Ex. C.) Mr. Farias earns slightly less than he did on July 6, 2011, the date the child support guidelines were calculated and orders entered in Magistrate Court.   Mr. Farias is 43 years old, and Ms. Farias is going to be 46 years old this month.   She completed the ninth grade in Mexico;  however, has never held employment outside the home.   Nor, does she have a driver's license, and she does not speak English.   Her employability is minimal, at best, while Mr. Farias has maintained steady employment.   The plaintiff was hospitalized briefly while in Mexico in December of 2010.   There was no evidence to suggest that either party currently has health problems.

The plaintiff was the sole wage earner and controlled all the finances in the family.   He owns a two-family house in Bridgeport, CT, which is under foreclosure.   There are tenants on the second floor who pay $1,050.00 per month in rent.   Mr. Farias purchased property in Mexico in 2006 for $14,000.00.   He has a Certificate of Deposit valued at approximately $7,200.00, located in a bank also in Mexico.   Through his employment the plaintiff has accrued a pension valued at approximately $90,000.00 (Def.Ex. B), as well as an annuity, which has a payout value of $1,385.00 per month when he turns 62 years old (Def.Ex. A).

The parties' marriage has been troubled for many years.   Mr. and Mrs. Farias separated in 2004, and then reunited.   Arguments and disagreements continued, however, and Mr. Farias left the family home in late 2010, moving to Mexico for several months.   The defendant submitted a Webster bank statement from September–October 2010.  (Def.Ex. D.) The purpose of this offer was to demonstrate that the plaintiff “cleaned out” the bank account of $36,000.00, immediately before moving out of the family home.   The bank statement does evidence two wire transfers in the amount of $10,000.00 each.   The defendant also produced a wire transfer receipt (Def.Ex. F) demonstrating that on September 30, 2010, the same day as one of the above transfers, $10,000.00 was received by De Banco Mexico de National from Mr. Farias.

The initial $10,000.00 transfer occurred on September 27, 2010.   On September 29, 2010 the statement records a deposit return wire in the amount of $9,970.00.   The court credits the plaintiff's testimony that the initial wire transfer was returned and resent on September 30, 2010.   Moreover, the remaining charges on the bank statement were primarily for everyday expenses, ie., Cosco, Exxon, Staples, BJ's, etc.   There are also four checks in the amount of $3,000.00, made out to “NBR.” This court has insufficient evidence to ascertain the nature of these checks.

The defendant has proven that Mr. Farias transferred $10,000.00 to a bank in Mexico immediately before vacating the family home.

Commencing in the late summer and fall of 2010, Mr. Farias stopped paying the mortgage, and failed to support his family.   A number of household bills fell into arrears and the water company threatened to turn off service.   Over $600.00 remains owing to the Water Pollution Control Authority.   Ms. Farias is currently on food stamps.   As to the children the parties agree that they will share joint custody, with liberal parenting time with dad.

Considering the relevant statutory factors enumerated in Connecticut General Statutes §§ 46b–81, 46b–84, 46b–56c and 46b–56, the testimony of the parties, and their respective claims for relief, documents and exhibits, as well as the relevant case law and equities in this matter the court issues the following orders:

1) This marriage is dissolved on the grounds of irretrievable breakdown.

2) The parties will share joint legal custody of their children, primary residential custody will be with Ms. Farias.   Reasonable and flexible parenting time is awarded to Mr. Farias.

3) Ms. Farias is awarded $1.00 a year in alimony for 20 years.   Alimony is not awarded to Mr. Farias.   Ms. Farias' alimony shall terminate upon the death of either party, her remarriage or co-habitation as defined by Connecticut statute.

4) Exclusive possession of the family residence, at 447 Summit St., Bridgeport, CT, is awarded to Ms. Farias, who is also awarded the rental income from the second floor.   Ms. Farias is solely responsible for all expenses and costs related to the day to day upkeep of this residence.   Mr. Farias is ordered to pay the outstanding WPCA bill, immediately.

5) Mr. Farias shall hold Ms. Farias harmless for any tax debt presently owing, or owing in the future, or penalties or deficiencies related to the mortgage or foreclosure on this property, which is solely in Mr. Farias' name.

6) The State's Proposed orders pertaining to child support, arrearage and health insurance are approved and incorporated by reference into this judgment.   Accordingly, the child support payments will remain the same, as the court cannot find a substantial change in circumstances warranting a decrease in these payments.   The father shall pay $314.00 per week in child support and $61.00 per week towards his child support arrearage.   His child care and unreimbursed medical and dental expense is 62% in accordance with the child support guidelines.   The parties shall share equally in the cost of extracurricular activities which are mutually agreed upon in writing.

7) Mr. Farias is awarded the 2009 Toyota Corolla, and shall be solely responsible for the costs related to it.

8) Ms. Farias is awarded 50% of the CD held by Mr. Farias in a bank in Mexico, when it matures in December 2012.   Mr. Farias is also ordered to pay Ms. Farias the sum of $5,000.00, which is half the amount the defendant proved Mr. Farias wired to Mexico immediately prior to his leaving the family home in the fall of 2010.   This shall be paid to Ms. Farias no later than July 1, 2012.

9) The property in Mexico is ordered to be sold by Mr. Farias, who shall place it on the market no later than June 1, 2012.   Ms. Farias is awarded 50% of the net profit.   All other property Mr. Farias holds in Mexico, including bank accounts, is awarded to him.

10) Ms. Farias is awarded 60% of the value of the plaintiff's holdings in the Westchester Putnam Counties Heavy and Highway Laborers Local No. 60 Annuity Plan on the date of dissolution.   The defendant shall be credited with any withdrawals made by the plaintiff after 8/31/11.   The transfer of this account shall be effectuated by Attorney Elizabeth McMahon.   Her fees shall be paid by the plaintiff within fifteen days of the dissolution, and he shall cooperate with Attorney McMahon so that the QDRO may be prepared as expeditiously as possible.¹

11) The defendant is awarded 60% of the Westchester Putnam Counties Heavy and Highway Laborers Local No. 60 Pension Credits as of the date of dissolution.   The pension credits shall be valued at the credit rate in effect on the date the defendant commences benefit.

Any penalty which may be incurred through the invasion of the account shall be shared equally by the parties.   Ms. Farias shall be entitled to cost of living adjustments, as provided in the plan, on her portion.   The plaintiff shall maintain the three children as sole beneficiaries on his pension and annuity plans until he is no longer obligated to pay child support, which is when the youngest turns eighteen and has graduated from high school, or tums 19, whichever is earlier.

12) Each party shall be responsible for the liabilities listed on his/her financial affidavit.

13) This court shall retain jurisdiction to issue post-majority educational support orders, if they are necessary, and to oversee the effectuation of the QDRO.

WOLVEN, J.

FOOTNOTES

FN1. Mr. Farias signed a release of information which can be retrieved at the Clerk's Office by Defense Counsel..  FN1. Mr. Farias signed a release of information which can be retrieved at the Clerk's Office by Defense Counsel.

Wolven, Carol A., J.