Daniel A. Barnett v. Nadine Barnett (2013)

MEMORANDUM OF DECISION

This is an action for dissolution of marriage and other relief brought to judicial district of Danbury.   Many of the facts that give rise to this action are not in dispute.   The plaintiff and the defendant, whose name prior to the marriage was Nadine Dacosta were married on July 25, 1992 in Kingston, Jamaica.   The plaintiff has resided continuously in the state of Connecticut for at least twelve (12) months immediately prior to the date this complaint was filed.   The marriage between the parties has broken down irretrievably.   There are three (3) children issue of this marriage:  Jean–Luc Barnett, born December 29, 1997;  Shannon Barnett born September 1, 1998;  and Jordan–Klein Barnett born April 27, 1993.   No other children have been born to the defendant wife during the course of this marriage.   Neither party has received any state assistance nor have the children.

The parties are in dispute as to the cause of the breakdown of the marriage.   From the evidence presented, the court finds that each party is equally at fault for the breakdown.   The youngest child issue of the marriage is anticipated to graduate from the high school in September 2016.

The plaintiff's gross weekly income working as a Staff Accountant for Hospital for Special Surgery is $1,059 less deductions.   He has liabilities that total $85,577.   He owns a home at 939 East Front Street, Apt. # C, Plainfield, New Jersey with a value of $110,000, mortgage of $104,079 and equity of $5,921.   He also owns real estate at 187 Billington Avenue, Rochester, New York with a value of $89,000, mortgage of $76,927 and equity of $12,073.   He also owns a property at 273 Ravenwood Avenue, Rochester, New York with a total value of $80,000 and it has equity of $12,603.   He also owns a property at 1207 St. Paul Street, Rochester, New York with a negative equity of $11,178.   He owns a 2010 Nissan with a total value of $10,091, a loan balance of $6,768 and equity of $3,333.   He owns personal effects with a value of $3,000.   He has bank accounts totaling $1,600.   He has stocks, bonds and mutual funds with a value of $14,145.

The defendant is presently unemployed.   She receives child support from the plaintiff in the amount of $225.   She has liabilities totaling $51,819.

A support order was entered in the state of New Jersey in the amount of $235.   The parties separated in February 2003 when the defendant moved to Florida with the children of the marriage and had remained in Florida with them ever since.

This court has considered the provisions of § 46b–82 regarding the issue of alimony, and has considered the provisions of § 46b–81(c) regarding the issue of property division, and has considered the provisions of § 46b–56c regarding post-majority education, and has considered the provisions of § 46b–62 regarding the issue of attorneys fees, and has considered the provisions of § 46b–56 regarding the issue of custody and visitation.   The court enters the following orders.

ORDERS

A. BY WAY OF DISSOLUTION

1. The marriage between the parties is dissolved and each party is declared to be single and unmarried.

B. BY WAY OF ALIMONY

1. The plaintiff is ordered to pay to the defendant the sum of $100 per week as periodic alimony.   The alimony is to be terminated upon the death of either party or the defendant's remarriage or September 1, 2016, whichever shall first occur.   The youngest child should have graduated high school by September 1, 2016 and the defendant should then be able to obtain employment.   The court finds that it is in the best interest of the youngest child for the defendant to remain at home until that child graduates high school.

2. The provisions of § 46b–86(e) regarding substantial changes of circumstances apply.   The provisions of § 46b–86(b) do not apply.

3. The term of alimony cannot be extended.

C. BY WAY OF CUSTODY SUPPORT AND EDUCATIONAL SUPPORT ORDER

1. The court does not have jurisdiction to enter any custody support or educational support order.

D. BY WAY OF PROPERTY ORDERS

1. All property shown on the plaintiff's financial affidavit is awarded to the plaintiff.

2. The plaintiff is to pay all the liabilities shown on his financial affidavit and hold the defendant harmless therefrom.

3. All liabilities shown on the defendant's financial affidavit are to be paid by the defendant and she is to hold the plaintiff harmless therefrom.

No attorneys fees are awarded in favor of either party.

The defendant is restored the name of NADINE DACOSTA.

The parties are to exchange copies of their federal and state income tax returns within fifteen (15) days after such returns have been filed for so long as there is an outstanding alimony or any arrearage thereto.

Sidney Axelrod, Judge Trial Referee

Axelrod, Sidney, J.T.R.