Ronald O. Vasconcelos v. Gigi A. Vasconcelos (2013)

MEMORANDUM OF DECISION

The parties married on June 9, 2006, and are the parents of one minor child, Kira born April 24, 2009.   In addition, the plaintiff husband has two children issue of his first marriage Zaria and Thamiriz and possible a third child born to another woman.

The husband's ex-wife and children lived in his native Brazil until the children arrived in the United States in or about 2011.   The wife is a United States citizen and the husband became a U.S. citizen after immigrating to the United States in 2005.

The parties appeared, together with counsel before the court on September 23, 2013 and then to October 31, 2013, to argue the defendant wife's motion for custody and child support (103), the husband's (unopposed) motion for exclusive possession of the marital residence and the husband's motion for support and household expenses (110).   The wife earns $1,442 gross or $1,091 net per week for a pharmaceutical company.   The husband, a personal trainer receives $349 per week in unemployment compensation.

The wife moved into her sister's house with the child of the marriage, her nephew, two nieces and her elderly parents.   The husband lives with his two daughters.

The husband seeks an order of support (of some kind) for his daughters who are the stepdaughters of the wife.   She had “sponsored” their entrance into the United States.   The wife argues convincingly that this court has no jurisdiction under C.G.S. 46b–84 to order child support.   Moreover, under immigration law, her obligation would terminate as the children are under 18, the father is a U.S. citizen and they all reside in the United States.  (8 U.S.C. 1431(a).)

The court finds that the presumptive child support for the one child issue of the marriage is $92 per week from the father, plus 48% work-related daycare and health care expenses.

The court rejects the father's request that he care for the child while the mother works—he needs to go back to work.   The court finds that his earning capacity is $600 per week and that he is in need of some temporary alimony to pay his expenses.   The court finds that the wife has some inflated expenses (401k, pets, vacation, entertainment, clothing) and can ask her parents or sister (whose children she supports) for financial assistance.   The father's two children are not “qualified” under the child support guidelines.

ORDERS

1.) Joint custody with primary residence with mother and final decision making authority;

2.) Father may visit with child alternating weekends from Friday 5:00 p.m. to Sunday 6:00 p.m. Father will collect the child at the mother's home and the mother will pick up the child;

3.) Father to pay $92 per week child support and 50% daycare and health expenses not covered by insurance;

4.) Wife to pay $150 per week alimony;

5.) The parties all cooperate with one another in the continued sale of the house;  and

6.) Father to have exclusive possession of the marital residence.

BY THE COURT

Kenneth L. Shluger, Judge

Shluger, Kenneth L., J.