Joseph DelMonaco v. Maria DelMonaco (2013)

MEMORANDUM OF DECISION

This matter was tried before the New Haven Judicial District, on May 20, 2013.

The Plaintiff and Defendant testified.   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 Wallingford, Connecticut on October 28, 2000.   There is one child of this marriage who was born on December 11, 1995 and is 17 years old.   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 47 years old and is in good health.   The Wife is a high school graduate.   At the present time, she works as a cafeteria manager and, according to her financial affidavit, earns $335 gross and $179 net income per week. (not including child support and pendente lite alimony.)

The Husband is 53 years old and is in good health, although he has diabetes and takes medicine for cholesterol.

He left school during high school.   He works as a pumper of chemical products for AL CHEM. He earns $1,095 gross income and $810 net income per week.

This is a marriage of almost 13 years.   The wife assisted the husband in furthering his career.   An award of alimony is appropriate considering the above.

FAULT:

The court finds the fault for the breakdown of the marriage should not be attributed to a greater extent to either party.

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. CUSTODY AND VISITATION

The parties shall share joint legal custody of the minor child who shall reside with their mother.   The father shall have reasonable and liberal visitation with the minor child.

3. CHILD SUPPORT

The father shall pay to the mother child support in the amount of $165 per week for the minor child which is in accordance with the Child Support Guidelines.   Unreimbursed medical expenses shall be divided according to the percentages in the child support guidelines, a copy of which is attached hereto and incorporated by reference.   An Immediate Wage Withholding Order shall issue unless the parties agree in writing to a Contingent Wage Withholding Order.

4. ALIMONY

a. No alimony is awarded to the husband.

b. The husband shall pay to the wife alimony in the amount of $100 per week until there is no longer a duty to pay child support at which time the alimony will increase to $200 a week until June 1, 2019.   Alimony shall be non-modifiable as to term.   The amount of alimony shall terminate sooner upon the death of either party or the remarriage or entry into a civil union of the wife and shall be modifiable in accordance with the provisions of § 46b–86 of the Connecticut General Statutes.   An Immediate Wage Withholding Order shall issue unless the parties agree in writing to a Contingent Wage Withholding Order.

5. PROPERTY DIVISION

a. The husband shall retain ownership of the Jeep and motorcycle and the wife shall retain ownership of the Nissan free and clear of any claim by the other.   Each party shall be responsible for all costs, expenses, loans, taxes and fees associated with the automobile he or she keeps and shall sign whatever documents are necessary to effectuate any transfer necessitated by this order.

b. The wife shall retain ownership of her pension free and clear of any claim by the husband.   The husband shall sign any documents necessary to release any interest he may have in those retirement assets.

c. The husband shall transfer to the wife fifty (50) percent of his interest in his 401k as of the date of this Judgment by way of a QDRO or other acceptable method of transfer so as not to create any tax consequence to either party on that transfer.   The parties shall hire an attorney who specializes in such transfers and share the cost equally.   The court will retain jurisdiction over the selection of that attorney and the execution and implementation of the transfer documents.   If applicable, the parties shall share equally in any fluctuations in the market up to the time of transfer.

d. 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.

6. HEALTH INSURANCE/HEALTH CARE COSTS

a. The father shall continue his current health insurance (medical and dental) for the minor child as long as it continues to be available to him at a reasonable cost.   If not available to him at a reasonable cost, the mother shall maintain such health insurance for the minor child as available to her at a reasonable cost.   If no such insurance is available to either party, then they shall apply for any other health insurance available to them in Connecticut at a reasonable cost including the State of Connecticut Husky Program and share the cost as provided below.

b. The parties shall share all uninsured and unreimbursed medical expenses including dental for the minor child as follows:  46% by the mother and 54% by the father.

c. Each party shall be responsible for the procurement and cost of their own health insurance.

d. The husband shall cooperate with the wife in the event she elects to maintain her COBRA benefits through his health insurance carrier at her cost.

7. DEPENDENCY EXEMPTIONS

The parties shall share the dependency exemption for the child for all federal, state and local tax purposes as follows:  they shall alternate taking the exemption with the first year going to the father.   However, in the event the father is not substantially current on his child support obligations by December 31 of any given year, he shall not be entitled to take the dependency exemption for that year.   In the event the mother intends to take the dependency exemption from the father for a particular year because she claims he is not substantially current on his child support obligations on December 31 of that year, she must advise him in writing within 31 days of December 31 (i.e., by January 31) and then may only take the exemption upon the written agreement of the parties or an order of this court.   The parties shall execute any documents which are necessary to allow for the aforesaid declaration regarding the dependency exemption.

8. CONNECTICUT GENERAL STATUTES § 46b–56c—EDUCATIONAL SUPPORT ORDER

This court makes a finding that had the marriage remained intact the parties would have contributed to their child's post-secondary education costs.

The court retains jurisdiction to enter educational support orders as to the minor child pursuant to § 46b–56c of the Connecticut General Statutes on motion or petition of either party in the event they are unable to agree on the allocation of those costs.

9. DEBTS AND LIABILITIES

Except as otherwise provided herein, each party shall be responsible for his or her own debts and liabilities as shown on their most recent Financial Affidavits filed at the trial.

10. ATTORNEYS FEES AND COSTS

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

11. 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 and business tax returns for the previous year by April 30 of each year until the minor children reach age 23.

12. 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.

BY THE COURT,

Richard E. Burke,

Judge

Burke, Richard E., J.