Linda Soffer v. Alan Soffer (2013)

MEMORANDUM OF DECISION

This matter was tried before the New Haven Judicial District, on November 6th, December 13th, and 20th, 2012, January 17th, March 8th, April 5th, and May 13th, 2013.

The Plaintiff, Defendant and various witnesses testified including the Defendant's brother.   Various exhibits were admitted.   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 Woodbridge, Connecticut on May 8, 1988.   There are three minor children of this marriage.   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 56 years old and is in good health, although she takes medicine for various ailments.   The Wife has a Masters in Education which she obtained recently.   She would like to teach on a full-time basis but has stated that it is difficult to obtain a full-time position.   At present she is working as a substitute teacher and earns $200 gross and $185 net income per week.

The Husband is 55 years old and is in good health.

He has an undergraduate degree and is employed by the family business.   He works long hours both in the family's egg business and at their movie theatre.   He stated in his financial affidavit that he earns $1,335 gross income and $1,014 net income per week.

The marital residence is located in 498 Granite Road, Guilford, Connecticut and is valued at $380,000.   There are mortgages in the total approximate amount of $222,000, leaving the approximate amount of $158,000 as equity.

Notwithstanding the testimony of the husband to the contrary, the court finds that if this family had remained intact, support for post-secondary education would have been made available, to the extent the family could have afforded to do so, as exhibited by the support and concern the parties have shown toward the education of their children.   Therefore, pursuant to General Statutes § 46b–56c,¹ the court retains jurisdiction over the post-secondary educational support of the three children, who are all under the age of twenty-three.

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

FAULT

The parties had very different views on parenting which caused stress throughout much of their marriage.

The court finds the fault for the breakdown of the marriage should not be attributed to a greater extent to the husband or wife.

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 entered into a written stipulation entitled “Custody and Parenting Plan” dated September 7, 2012 which was previously filed with this court and approved and make orders of this court on September 7, 2012 (J. Conway).

The court has reviewed the instrument and finds it fair, reasonable and in the best interests of the minor children.   It is approved and it may be incorporated by reference into the judgment entered on this date and made orders hereof.   A copy of the stipulation is attached hereto.

3. CHILD SUPPORT

The father shall pay to the mother child support in the amount of $288 per week for the minor child which is in accordance with the Child Support Guidelines.   This amount is based upon an earning capacity of $330 a week for the Plaintiff which this court finds to be appropriate under the facts of this case.   The child support guidelines amount without the earning capacity would be $310 a week.

An Immediate Wage Withholding Order shall issue unless the parties agree in writing to a Contingent Wage Withholding Order.   A copy of the relevant child support guidelines in attached hereto.*

4. ALIMONY

a. No alimony is awarded to the husband.

b. The husband shall pay to the wife alimony in the amount of $125 per week for a period of ten years.   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 including termination 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 parties shall abide by the terms of the agreement dated February 21, 2013 regarding the listing, marketing and sale of the marital home.   The parties shall heed the advice of the realtor.   Until the marital home is sold, the Husband shall pay the mortgage and home equity line in lieu of alimony.   The parties shall divide the net proceeds equally.   The parties shall each pay one-half of the outstanding bills to the dentist, the orthodontist and any amounts due to the Quarry Lake Association from their share of the proceeds of the sale of the house.

The Court shall retain jurisdiction over the sale of the marital residence pursuant to the terms of this subparagraph 5a.

b. The husband shall maintain ownership of the 2002 Dodge Mini Van. The wife shall maintain ownership of the 2005 Chrysler Mini Van.

The personal property and household contents of the parties shall be divided equally.   In the event the parties cannot agree on the division of personal property and household contents the matter shall be referred to a private attorney for arbitration the cost of which shall be shared equally by the parties.   Family heirlooms shall remain with the party from whose family the item was received.

c. The parties' joint accounts shall be divided equally between the parties as of the date of dissolution.   Each party shall keep the bank accounts in his/her own name.

d. The pensions, 401Ks, deferred compensation, IRAs and other retirement funds shall be equally divided by way of a QDRO where necessary valued at the date of dissolution, plus or minus any gains or losses.

e. The Husband shall retain his business interests in Soffer Associates and shall indemnify and hold the Wife harmless from any liabilities associated therewith.   The Wife shall retain 100% of the net proceeds of her personal injury claim.   The Husband shall receive a 100% interest in his share of the Soffer Family Trust.   Each party shall be entitled to 100% of their own future family inheritances.

f. 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

At the time of the entry of judgment of dissolution the minor children are covered under a policy of medical insurance through the State of Connecticut (HUSKY).   The husband and wife shall cooperate with one another in order to ensure that the children are covered under this policy of medical insurance or under a private policy of medical insurance if one is available, at a reasonable cost, to either party through the parent's place of employment.   Coverage shall be maintained for so long as the children are considered covered dependents under the medical plan of the husband or the wife but in no event shall the obligation for coverage terminate sooner than each child's 19th birthday or if attending an institution of higher education or private occupational school for the purpose of attaining a bachelor's or undergraduate degree, or other appropriate vocational instruction until age twenty-three (23).   The parties shall each be responsible to procure and pay for the cost of their own medical insurance.

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

The court retains jurisdiction to enter educational support orders as to the children 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.

8. LIFE INSURANCE

a. The husband shall maintain life insurance on his life in the amount of $200,000 naming the wife as irrevocable beneficiary so long as he has a financial obligation to the wife for support and alimony, including any obligation under § 46b–56c of the Connecticut General Statutes.

b. The wife shall maintain life insurance on her life in the amount of $50,000 naming the husband as irrevocable beneficiary so long as she has a financial obligation to the husband pursuant to § 46b–56c of the Connecticut General Statutes for educational support orders.

c. Said obligation to maintain life insurance is subject to modification in the event of a substantial change in the financial condition of the parties or a substantial change in its cost.

d. Said obligation to maintain life insurance is subject to it being at a reasonable cost, which premiums shall not exceed $1,000 a year.

9. DEBTS AND LIABILITIES

Except for as otherwise provided herein, each party shall be responsible for his/her own liabilities as listed on their respective financial affidavits filed herewith.

Each party shall save, hold harmless and indemnify the other against his/her obligation to pay such liabilities.

10. ATTORNEY'S and GUARDIAN AT LITEM FEES AND COSTS

Each party shall pay their own attorneys fees and costs in connection with these proceedings and equally share in the costs of the Guardian Ad Litem.

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 for the previous year by April 30 of each year until the minor children reach age 23.

12. TAXES

For 2013 the Wife shall claim 2 children and the Husband shall claim one.   Thereafter, the parties shall each claim one child as a dependant for tax purposes and shall alternate the third child with the Husband getting the even years.   When there is only one child they shall alternate that child with the Husband getting the odd years.

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.

For 2013 the Husband may claim 100% of the mortgage interest and taxes paid on the marital home.

13. 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,

Judge Richard E. Burke

CUSTODY AND PARENTING PLAN

Legal Custody and Parenting Access

The Father and Mother shall have joint legal custody of the minor children, Zachary, Brett and Daniel Soffer.   The parents shall exercise parenting time in accordance with the parental access schedule set forth below:

1. It shall be the intent of the joint custody arrangement to allow each parent to have a full and active role in providing a sound social, economic, educational, religious and moral environment for the minor children.   To this end, both parents shall consult with each other on all non-emergency matters affecting the health, safety, welfare, religion and education of the minor children, before actions involving the minor children are taken.   These matters shall include but not be limited to, such substantial issues as educational programs, religious upbringing, camp, extracurricular activities and medical treatment, etc.

2. The parties shall exert every reasonable effort to maintain free access and to foster feelings of love and respect between the minor children and the other parent.   Neither parent shall do anything which may estrange the minor children from the other parent nor injure the minor children's opinion of their Mother or Father nor act in such a way as to hamper the free and natural development of the minor children's love and respect for the other party.

3. In the event there is an emergency involving the minor children, the parent having the information regarding the emergency shall immediately inform the other parent as soon as the child's safety permits and any decisions in such an emergency shall at all times involve the other parent if at all possible.   The Father and Mother shall provide one another with immediate notice of all issues involving injury, illness and concerns about the minor child's medical or physical health.

4. The Father and Mother shall be entitled to all reports and information concerning the minor children's health, education, welfare, school records, medical reports and activities.   If there is any difficulty in obtaining records, the Father and the Mother shall so notify any and all school and medical providers of this requirement.

5. The Father and Mother shall each be listed as emergency contacts for the minor children at their schools.   Additionally, if available, the Father and Mother shall make arrangements with the schools to have documents such as report cards and notices forwarded directly to the Father and the Mother.

6. Neither party shall interfere with the other's right to correspond by mail, telephone, email, or other form of communication with the minor children, when they are with one or the other parent.

7. To the greatest extent possible, the parents shall respect the minor children's special activities time and take them to their special activities, even if the activities fall on parenting time.   The overriding concern is for the best interests of the minor children and not the best interests of the parent who has parenting time.

8. Neither parent shall arrange visitation through the minor children, nor shall the minor children be utilized as messengers to convey information between the parents.

9. To the extent possible, the parents shall continue to communicate directly and/or via email regarding the children.   Each parent shall make good faith efforts to inform the other parent of any and all information regarding the children that will assist the other parent in providing appropriate structure, discipline, and emotional support to the children.

10. Neither party shall attempt to relocate the minor children outside their present school district without prior agreement in writing or further order of the court.

11. If either party has occasion to take the minor children out of the state for any period that includes an overnight period, he or she shall ensure that the other parent has contact information, including destination information.

Parental Access

The minor children Zachary, Brett and Daniel Soffer shall have parenting time with their Mother and Father as follows:

1. The Father shall have overnight parenting time with the two older minor children during the school week on Tuesdays from after work until the following morning when the children will go to school or return to the Mother's home if there is no school.   If either child opts not to stay overnight with the father on Tuesdays the parents agree to communicate said decision to the other and to honor that child's decision.   Should there be issues of lateness, unexcused absence from school or difficulty with school related to the Tuesday overnight, this provision shall be reviewed upon Motion by either party.   If in any 4–week period there are 3 or more tardies or absences which are unexcused then the father shall be required to have adult supervision in the morning to assure the children get to school on time.   Danny shall have dinner with the father on Tuesday nights but will not begin overnights until he is ready.

2. In addition, the Father shall have overnight parenting time with the minor children every weekend on Fridays from after work through Saturday at 4:00 p.m. when the Father goes to work.   When the Father leaves for work on Saturday night the children shall be returned to the Mother's home.

3. In addition the parties shall alternate parenting time with the minor children on Sundays from 10:00 a.m. through dinner.   The parties agree that they will cooperate with one another with regard to the Father's parenting time on Sundays and that said parenting time may include different combinations of children in order to allow the children to have some alone time with the Mother and the Father.   The parties shall be flexible when scheduling who shall have the children on Sundays.

4. The parties agree that should there be a Monday school holiday the Father shall have Sunday parenting time which shall be extended to Monday morning.   In the event the Monday holiday attaches to the Mother's Sunday then the mother shall have the option of having the children for parenting time on Saturday of that same weekend.

5. The parties agree that they will take into consideration the activities, schedules and wishes of the children when exercising the parenting access schedule.

Notwithstanding the foregoing the parties agree that it is in the best interests of the minor children that they spend time with each parent and towards that end the parties agree to do their best to implement the schedule as set forth herein, and to allow additional parenting time as requested by the children and agreed to by the parties.

Holidays and Vacations

a. The Father shall have parenting time on New Year's Eve and New Year's Day each year.

b. The Father shall have the children on either the first or the second night of Passover annually in order to allow the Father and children to share a Seder dinner.

c. The Mother shall have the children for Rosh Hashanah each year.

d. The Father shall have the children for Yom Kippur each year.

e. The Mother shall have parenting time on President's Day each year.

f. The Mother shall have parenting time on Martin Luther King, Jr. Day each year.

g. The Mother shall have parenting time on Columbus Day each year.

h. The Father shall have parenting time on Memorial Day each year.

i. The Father shall have parenting time on the July 4th holiday in odd years.   Even years shall be with the Mother.

j. The Mother shall have parenting time on Labor Day in odd years.   Even years shall be with the Father.

k. The Father shall have parenting time on Thanksgiving in odd years.   Even years shall be with the Mother.

l. The Mother shall have parenting time on Christmas Eve and Christmas Day each year.

m. The Father shall have parenting time on Father's Day and the Mother shall have parenting time on Mother's Day.

n. Each parent shall have parenting time with the children on the children's birthdays as well as on Zachary's Arrival Day, January 15th and Brett's Arrival Day, March 30th.

o. The parents may exercise the option of requesting vacation time with the children during the summer or school vacations.   The parent requesting vacation time shall provide the other parent with at least 30 days notice in advance along with an itinerary and contact information.   Each parent shall be entitled to two nonconsecutive weeks vacation each year.   Neither parent shall unreasonably withhold consent to requested vacation time.

p. All other times as mutually agreed upon by the parties.

q. Holidays and vacations shall supercede the regular parental access plan.

r. At times other than those specifically set forth herein the children shall be with their Mother absent an agreement of the parties that they shall be with their Father.

LINDA SOFFER, PLAINTIFF

ALAN SOFFER, DEFENDANT

AGREEMENT

The parties agree as follows:

1. Within 10 days counsel shall agree on three realtors to list the martial home for sale.

2. The wife shall choose which one of the three will list the home.

3. All communications regarding the listing, marketing and sale of the home shall be between the realtor and the wife and potential buyers.   The husband shall be cc'd on all communications between the realtor and the wife and potential buyers.

4. The husband shall sign the standard listing agreement negotiated by the wife with the agent within 24 hours of the wife presenting him with it.

5. The parties shall not interfere with the marketing of the property.   He shall allow For Sale signs to be placed on the property and shall vacate the property for the purposes of showing or open houses.

6. The parties shall agree on the initial listing price.   If they are unable to agree, they will need the advice of the realtor as to the initial listing price.   The husband may communicate with the realtor regarding her recommendations for the initial listing price.

7. The husband may not object to the first listing price reduction as long as it does not exceed 10% of the initial listing price.

8. After the first listing price reduction, if the husband objects to any subsequent listing price reductions the wife's counsel shall be notified of such objection within 72 hours of the husband being notified by email of the intended reduction.   If there is an objection counsel shall endeavor to have the matter brought before a judge with all due speed.

9. The parties shall accept any offer within 10% of the listing price.

10. The wife shall have the discretion to accept any offer between 10 and 15% of the listing price.

11. Within 30 days the parties shall have the kitchen ceiling repaired.   Said repair shall be paid for out of the home equity line.   The parties shall not expend more than $750 from the home equity line for said repair.   Said repairs shall be done by Bill Mott or Bob Healy if they are available.

12. The husband shall bring any items to the dump as requested by the wife.

13. The wife, at her option and expense, may expend up to $2,500 to ready the house for sale.   She will receive this $2,500 back off the top of the proceeds at the time of sale.

14. Once an offer has been accepted or a Judge determines that an offer should be accepted, the parties shall cooperate in signing any necessary documents up through and including the closing documents.

15. If the property sells prior to the issuance of a decision in this matter, the funds shall be held in escrow.

16. Both parties shall continue to reside in the marital home with the minor children until the sale of the property, though either party may vacate if they wish to.

17. Both parties shall operate in good faith and fair dealing in interpreting and executing this agreement.

18. This agreement shall merge into and become part of the final orders in this matter.

19. Other than those items listed above, the parties agree that the property is listed “as is.”

Child support provisions comply with the Child Support Guidelines:  Yes No N/A

Guidelines Amount (If Appilcable):  $_

If you seek to deviate from the Child Support Guidelines, state the reason(s):

WE FULLY AGREE WITH THE ABOVE AND REQUEST THAT OUR AGREEMENT BE MADE AN ORDER OF THE COURT

Plaintiff

Defendant

Approved and Ordered,

By The Court (Burke, J.)

FOOTNOTES

FN1. General Statutes § 46b–56c provides in part:  “(a) For purposes of this section, an educational support order is an order entered by a court requiring a parent to provide support for a child or children to attend for up to a total of four full academic years an institution of higher education or a private occupational school for the purpose of attaining a bachelor's or other undergraduate degree, or other appropriate vocational instruction.   An educational support order may be entered with respect to any child who has not attained twenty-three years of age and shall terminate not later than the date on which the child attains twenty-three years of age.”*Editor's Note:  The referenced Child Support Guidelines pg. 4, par. 2, has not been reproduced..  FN1. General Statutes § 46b–56c provides in part:  “(a) For purposes of this section, an educational support order is an order entered by a court requiring a parent to provide support for a child or children to attend for up to a total of four full academic years an institution of higher education or a private occupational school for the purpose of attaining a bachelor's or other undergraduate degree, or other appropriate vocational instruction.   An educational support order may be entered with respect to any child who has not attained twenty-three years of age and shall terminate not later than the date on which the child attains twenty-three years of age.”*Editor's Note:  The referenced Child Support Guidelines pg. 4, par. 2, has not been reproduced.

Burke, Richard E., J.