Deborah A. Slater v. Donald Slater (2013)

MEMORANDUM OF DECISION

The matter was tried before the court on October 29, 2013.   The plaintiff, defendant and Guardian Ad Litem testified and exhibits were introduced.   The court has considered all of the credible evidence presented to it and carefully considered the respective case law and statutes for the award of alimony, property settlement, custody-access to minor children, child support guidelines and division of debt.

The parties were married on September 14, 2001 in Tolland, Connecticut.   One of the parties has lived in the state of Connecticut for more than one year before bringing this action.

The following minor children have been born to the plaintiff and are issue of the marriage:

Samantha, date of birth May 2000 and

Heather, date of birth October 2002.

Additionally, the parties have a son, Dylan, born February 1992 who is above the age of eighteen but under the age of twenty-three.

No other children have been born to the wife since the date of the marriage.   The parties are not receiving state assistance but the plaintiff and minor children do receive Husky health insurance.

The court finds that the marriage of the parties has broken down irretrievably and there is no reasonable hope of reconciliation.

The wife is fifty-one years old and suffers from polycystic kidney disease.   She testified she currently has 50% kidney function and will need dialysis at some point in the future.   The plaintiff had been without medical insurance and was not being treated at the time of trial.   This condition does not presently prevent her from working.

The plaintiff currently works as a food service employee in a middle school working approximately five hours per day.   She is not employed during the summer.   The wife has been previously employed as a bartender, bar manager, waitress, and event coordinator earning in excess of her current income.

Ms. Slater has a high school education.   She testified she has applied for full-time positions but has not been offered a job.

The plaintiff moved out of the family home in January 2013 and currently resides with her boyfriend.   This relationship began before she filed for divorce and moved out of the family home.   She testified that the couple slept in separate bedrooms for seven years, and argued frequently.   She testified the marriage fell apart when the defendant joined a motorcycle club and stopped spending time at home.

The dysfunctional relationship between husband and wife is illustrated by Exhibit C copies of the plaintiff's text messages to the defendant from April–September 2013.

Mr. Slater is self-employed as a handyman/contractor earing $594 gross and $583 net income per week.   He was previously employed as a painter and earned $25 per hour working 40–50 hours per week.   He was laid off in 2009 and received unemployment compensation until recently.   Mr. Slater is currently in good health.

The family home was purchased in 1997 before the marriage from the defendant's mother for $76,500.   The deed is currently in joint names but the 1st and 2nd mortgages are in the defendant's name only.   A foreclosure action was recently instituted and both parties have been served.   The plaintiff and defendant agree there is little, if any, equity in the home.

The parties agreed, in writing dated January 30, 2013 (Exhibit B) to file a joint 2012 tax return and use the refund to pay the defendant's mother $3,000 for a loan and divide the remaining proceeds of the $7,000 refund equally.   The parties each should have received approximately $2,000.   Due to a misapprehension that the loan and husband's share of the refund would be deducted from the wife's share of retirement assets, the plaintiff spent the refund to support herself and $2,500 remains.   The Guardian Ad Litem testified he understood that the proceeds of the refund to the parties were to be used to pay his fees.

The Guardian Ad Litem, Attorney Thomas Fiorentino, testified regarding the results of his investigation and recommendations to the court.

The two minor children expressed disgust over the level of their parents' discord and dislike of being put in the middle of their parents' disputes.

The plaintiff testified she was concerned the defendant left the girls home alone unsupervised for long periods of time during the summer of 2013 while he worked out of state.   The children told the GAL they felt safe at home with their adult brother and father.

The minor children don't feel comfortable with mother's boyfriend and do not like to stay in his home.   They prefer to remain in the family home and have one-on-one time with their mother.

Father kept a calendar of the time the children spent with each parent from June to early October 2013.   It is obvious the children have chosen to make their primary residence with their father.

Mother raised concerns about the ongoing construction projects and overall tidiness of the family home.   The Guardian Ad Litem inspected father's home on more than one occasion and found it to be safe and the work in progress had been consistent during the marriage due to the defendant's employment as a handyman.

The Guardian Ad Litem explained that father would like the girls to spend more time with their mother but they are more comfortable in the home they grew up in.   Short of the father physically forcing them into the car father is unable to force the minor children to spend overnights with their mother.   Attorney Fiorentino did not recommend co-parenting counseling because the couple could not afford it and it had little chance of success.

ORDERS

ARTICLE I—CUSTODY AND ACCESS

A. Custody:  The parties shall have joint legal custody of their minor children, Samantha (age 12) and Heather (age 10).   Both parents shall share the responsibility for the children's care, education, guidance, wellbeing and upbringing.

B. Residence:  The primary residence of the children, for educational purpose shall be with the defendant father.

C. Parenting Plan:

i.  Mother shall parent the children each Monday, Tuesday and Wednesday from after school to 8 p.m. when she shall return the children to father's home.   Mother will transport the children to their after school activities, make sure homework is completed and feed the girls dinner.

ii. Father shall parent the children each Wednesday from 8:00 p.m. to Friday morning when he shall bring them to school.

iii. The parents shall alternate weekends from Friday after school to Monday morning when each parent shall bring the children to school.

iv. The parents will be reasonable and flexible about the needs of the children including their after school activities and social lives.

v. SUMMERS:  Commencing with the first full week of summer vacation (subsequent to the last day of school) father shall parent the children for the first full week from Monday morning at 9:00 a.m. to the following Monday morning at 9:00 a.m. Thereafter, mother shall parent the children for the following seven days, then father shall parent the children for the following seven days.   This plan shall then be followed for the balance of the summer.

D. Definition of Joint Custody:  Each parent shall continue having a role in providing a sound moral, social, economic and educational environment for the children and continue that parental support which they have received to date.   The parties shall exert their best efforts to work cooperatively in developing future plans consistent with the best interest of the children and in amicably resolving such disputes as may arise.

Neither party shall do anything which may estrange the children from the other party, nor injure the opinion of the children as to their mother or father, nor act in such a way as to hamper the free and natural development of the children's love and respect for the other party.

Neither party shall directly or indirectly speak to the children or provide them with any information which pertains to their adult issues, any issues relating to their divorce, or any post-judgment issues.

E. Major Decisions:  Major decisions which shall be defined as those key issues affecting the children's health, growth and development, course of study, extent of travel away from home, choice of camp, major medical treatment, lessons, psychotherapy, psychoanalysis or like treatment, part- or full-time employment, purchase or operation of motor vehicle specially hazardous sports or activities, contraception and sex education, or religious upbringing, non-emergency health care, significant changes in social environment and decisions relating to actual or potential litigation involving the children directly or as beneficiary, other than custody, shall be considered and discussed in depth by and agreed to by both parties.

These powers shall not be exercised for the purpose of frustrating, denying or controlling in any manner the lifestyle of the other parent.   The parties shall exert their best efforts to work cooperatively in developing future plans consistent with the best interest of the children and in amicably resolving such disputes as may arise.   In the event the parties are unable to reach a mutual decision after discussing the issue Father shall have final decision making authority.

F. Routine Decisions:  Day-to-day decisions of a routine nature, including but not limited to bedtime, homework, health care, and day-to-day school, social and athletic activities customary for children of their age and maturity, shall be made by the parent with whom the children are actually staying with.   The parents shall endeavor to cooperate and establish a mutually agreeable policy regarding such day-to-day decisions, but the primary responsibility for routine decisions shall rest with the parent with whom the children are then staying.

G. Holidays/Vacations. The following holiday schedule shall commence beginning with Thanksgiving 2013:

Odd Years Even Years

Thanksgiving Holiday:  With Father annually Father Father

from Wednesday at 5:00 p.m. to Friday at Noon,

at which time the regular schedule shall resume.

Christmas Eve:  from 4 p.m. Father Father

Christmas Eve to 1:00 p.m. Christmas Day

Christmas Day:  from 1:00 p.m. Christmas Mother Mother

Day to mid-point of the XMAS break/then to

the Father for the balance of the vacation.   The

vacation break shall be measured from

December 26 to January 1st

Easter Sunday:  from Saturday at 5:00 p.m. Father Mother

through Sunday at 7:00 p.m.

Mother's Day:  from Saturday evening at Mother Mother

7:00 p.m. to Sunday evening at 7:00 p.m.

Memorial Day Weekend:  from Mother Father

Friday after school to Monday at 8:00 p.m.

Father's Day:  from Saturday evening at Father Father

7:00 p.m. to Sunday evening at 8:00 p.m.

Fourth of July:  from July 3rd at 6:00 p.m. Father Mother

until July 5th at 9:00 a.m.

(Unless it conflicts with either party's vacation)

Labor Day Weekend:  Mother Father

from Friday after school to Monday at 8:00 p.m.

Columbus Day Weekend:  Mother Father

from Friday after school to Monday at 8:00 p.m.

School Vacations:  The parties shall share vacation

access with the children as follows:

Winter:  Father Mother

School break from dismissal from school to

the following Friday at 6:00 p.m.

Spring:  Mother Father

School break from dismissal from school to

the following Friday at 6:00 p.m.

If the parties do not take the above vacations, then the routine access shall remain in place.

All vacation weeks (including the Christmas, winter, and spring vacations) take precedent over the scheduled weekend access.

While on any vacation, the parties shall exchange full itineraries including destination, addresses, telephone numbers, cellular telephone numbers and pager numbers where they can be reached.

H. Flexibility and Special Occasions:  A successful parenting plan that serves the best interests of the children may call for flexibility, from time to time, to the above schedule.   The parents will make reasonable adjustments to the parenting schedule, on a fair and reciprocal basis, to accommodate special occasions, opportunities and other circumstances, keeping in mind the best interest of the children.   In the event that a dispute arises as to the access schedule or other decision-making areas, the parties shall attempt to resolve such disagreement by mutual agreement.

I. Miscellaneous Re Children

i.  Communication:  The parents shall make every effort to communicate with each other via email once weekly to share information pertaining to the children.   Communication shall be limited to a civil discussion about children's issues and shall not contain threats, profanity or insults to the other parent. (including abbreviations of vulgar or profane language).

ii. Update of Contact information:  Each parent shall promptly (within 48 hours) disclose to the other parent any changes in their contact information, including home, work and cell telephone numbers, fax numbers if applicable, residence and employment addresses, and email addresses.

iii. Whereabouts of Children:  The parties agree to keep the other informed of the whereabouts of the children whenever the children are out of state overnight.   The parents will use reasonable efforts to keep each other informed about the children's social plans and activities so that they can be reached by either parent in the event of an emergency.

iv. School Records/Notices:  Each parent shall be named as emergency contacts for school purposes.   Each parent shall be entitled to complete detailed information from any teacher, school or college and shall be entitled to be furnished with copies of all school information, including report cards, and other school notices.   Each parent shall be individually responsible for making arrangements with representatives of the children's schools to have such information sent directly to their residence.

v. Wardrobe:  Both parents shall maintain an appropriate seasonal wardrobe for the children at their respective residences.

vi. Relocation:  Neither party shall relocate the minor children from the state of Connecticut or from the County in which they reside to establish permanent residence without first providing the other with ninety days written notice, and by written consent of the other party, or further order of the Court.

ARTICLE II—CHILD SUPPORT, DAY CARE, CHILDREN'S HEALTH INSURANCE

A. Child Support

The mother shall pay to the father child support in the amount of $52.00 per week.   This amount is in compliance with the State of Connecticut Guidelines given mother's current income.   Mother shall inform Father within twenty-four hours of securing full-time employment so child support may be adjusted upward.   If mother fails to advise father an increase in child support shall be retroactive to her first paycheck.

B. Academic and Extracurricular Activities

The parties shall both equally contribute to the costs of all academic, extracurricular activities and sporting endeavors of their children, as well as the cost of work-related daycare expenses including summer camps.  (The children may be involved in extracurricular activities which shall be chosen by the parents.   The children will not be enrolled in any extracurricular activities unilaterally by either parent, but neither parent shall unreasonably withhold consent).   The cost of the extracurricular activities shall be shared equally by the parents, neither parent will withhold consent to the extracurricular activities the children have been involved in one year prior to filing and during these proceedings.

C. Health Insurance for Minor Children

The children are currently receiving State of Connecticut HUSKY Health Insurance benefits.   The parties shall cooperate with the State of Connecticut and provide information as needed to maintain this benefit.

i. The plaintiff wife and the defendant husband shall each pay $1.00 per year as alimony to the State of Connecticut, modifiable only by the State of Connecticut for as long as they qualify for, and use HUSKY insurance.

ii. The parties are responsible to provide health insurance for the benefit of their minor children, at a reasonable cost.   Said cost shall not exceed 7.5% of their allowable net income.

iii. The parties shall equally share all uninsured or unreimbursed medical and dental expenses, including but not limited to surgical, hospital, psychiatric, orthodontic and prescriptions incurred by or on behalf of the minor children.

iv. The parties shall exchange all invoices including invoices for the reimbursement or academic and extra-curricular activities on or before the 28th day of each month, and shall make payment to the other on or before the 10th day of the following month.

v. The Father/Mother will send to the Mother/Father any reimbursements he/she receives from his health insurer for medical bills paid by the Father/Mother.

vi. In accordance with Section 46b–84(e) of the Connecticut General Statutes:

(1) The signature of either parent shall constitute a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of the medical services to that parent;

(2) Neither parent shall prevent or interfere with the timely processing of any insurance reimbursement claim;  and

(3) If the parent receiving an insurance reimbursement payment is not the parent who is paying the bill for the services of the medical provider, the parent receiving such insurance reimbursement payment shall promptly pay to the parent paying such bill any insurance reimbursement for such services.

ARTICLE III—MEDICAL/HEALTH CARE DECISIONS

A. With regard to routine medical/dental care, the parents shall keep the other informed as to all routine and non-emergency medical/dental appointments within forty-eight hours after the appointment has been scheduled.   Both parties may attend said appointments.

B. In the case of any medical emergency involving the minor children, the parent with the children, or the first parent to learn of the emergency, shall make every effort to contact the other parent immediately, but no later than one hour after learning of the emergency.

C. Unless an absolute medical emergency, neither party shall make unilateral decisions regarding the medical and health care of the children.   All medical and health care decisions shall be discussed and decisions made jointly.   This shall not apply to treatment of non-life threatening illnesses such as routine colds, flu, or other ailments not requiring emergency or regular physician's care.

ARTICLE IV—EDUCATIONAL SUPPORT

Pursuant to Connecticut General Statutes § 46b–56c, the parties hereby request the court to retain jurisdiction over this provision and reserve the right to file a motion or petition regarding educational support for the benefit of the minor children.

ARTICLE V—TAX EXEMPTIONS AND RETURNS

The parties shall each claim a minor child as an IRS tax exemption.   This shall continue every year for as long as the exemption is available.   When Heather is no longer a dependent, then the parties shall alternate Samantha as a deduction with father taking the deduction in even years and Mother taking the deduction in odd years.   The parties shall execute IRS Form 8332 to facilitate the foregoing arrangement.

ARTICLE VI—REAL ESTATE

The plaintiff shall quit claim all her right, title and interest in and to the real estate located at 124 Mountain Street, Ellington, Connecticut to the defendant.   The defendant shall hold the plaintiff harmless and indemnified from the first and second mortgage, utilities, real estate, taxes and homeowners insurance.   The defendant shall cause all utilities to be put in his name within fourteen days of the date of judgment.

ARTICLE VII—RETIREMENT ASSETS

The plaintiff and defendant will divide the marital portion of the United Painters Union Annuity 50/50 minus the defendant's mother's loan of $3,000 and defendant's $2,000 share of the 2012 income tax refund.   The parties shall use a qualified attorney to compute the marital portion of the annuity and prepare any documents necessary for the transfer.   The cost of any legal fees shall be shared 50/50.

ARTICLE VIII—JOB SEARCH

The plaintiff shall maintain a job log and apply for two jobs each weekday for a total of ten applications each week until such time as she is employed full time.

The plaintiff shall provide defendant's counsel and the Guardian Ad Litem with a monthly copy of her job log to demonstrate she is using her best efforts to secure full-time employment.   Plaintiff will pick up a copy of a court-approved job log from the court service center within seven days of the date of this memorandum.

The plaintiff will have twenty-four hours to provide defendant with written notice that she has secured full-time employment, the notice shall include the name and address of employer, date work began, position, hours worked and wages.

ARTICLE IX—ALIMONY

Neither party has requested alimony and the court is not ordering alimony to either party.

ARTICLE X—PERSONAL PROPERTY

The plaintiff and defendant shall divide their personal property to their mutual satisfaction.   If unable to agree on the division, Attorney Thomas Fiorentino shall arbitrate the division and his decision shall be final and binding on the parties.   The cost of Attorney Fiorentino's services shall be equally shared by the parties.

ARTICLE XI—Guardian Ad Litem FEES

The court finds the Guardian Ad Litem fees were reasonable and necessary for the court to determine the best interests of the minor children.   The parties each owe the Guardian Ad Litem $2,985.   The plaintiff shall pay the Guardian Ad Litem $2,500 immediately from the balance of the 2012 tax refund she has retained.   The balance of $485 shall be paid in full within sixty days.

The defendant shall pay the Guardian Ad Litem in full from the liquidation of the Painters' Union annuity which he testified he would liquidate to bring his mortgage current.   If the annuity is not liquidated within ninety days the defendant shall pay the Guardian Ad Litem $250 per month until the annuity is liquidated.

BY THE COURT,

Holly Abery–Wetstone, J.

Abery–Wetstone, Holly, J.