Tina Gonzalez v. Louis Gonzalez (2013)

MEMORANDUM OF DECISION

1. This action for dissolution of marriage and other relief was brought to this court on November 13, 2012.   The case was tried to the court over several days in the calendar year 2013.

2. The court listened to and observed the witnesses and reviewed the exhibits.   In addition, the court carefully considered the criteria set forth in the relevant Connecticut General Statutes in reaching the decision reflected in the orders below.

3. The court finds the following facts:  the parties were married on July 11, 1992, in Agawam, Massachusetts.

4. Both parties have resided continuously in Connecticut for more than twelve months prior to the commencement of the action.   The court has jurisdiction.

5. Two children were born issue of the marriage:

Sofia Gonzalez born October 8, 1995

and

Martino Gonzalez born November 23, 1999

6. No other minor children were born to the wife during the marriage and neither party is receiving assistance from the State of Connecticut.

7. The marriage between the parties has broken down irretrievably and a dissolution of marriage is ordered.

ORDERS OF THE COURT

1. The custody and access schedule, dated February 21, 2013, has already been entered as part of this judgment by the court on August 7, 2013, a copy of which is attached.

2. By agreement of the parties, the terms of § 46b–56c of the Connecticut General Statutes shall apply and the court shall maintain jurisdiction concerning its future implementation.

3a. The husband shall pay to the wife $125 per week as support for the minor child, as long as he is obligated to do so under the terms of the appropriate statute.   This is a deviation from the child support guidelines based on the shared parenting plan.   The guideline support number is $175 per week.

3b. All agreed upon extracurricular expenses for the minor child shall be divided equally between the parties.

4a. Each party shall maintain his or her current health insurance for each of the children, as long as it is available at a reasonable cost, and each has an obligation to the child under the support statute, or § 46b–56c of the Connecticut General Statutes.

4b. Each of the parties shall be responsible for one-half of the unreimbursed medical and dental expenses of each child, as long as he or she has a financial obligation to such child under the terms of the judgment.

4c. The wife shall claim Sofia as an exemption for state and federal tax purposes, and the husband shall claim Martino.   When only one child is eligible as an exemption, the wife shall claim the child in even numbered tax years and the husband in odd numbered tax years.

4d. Each of the parties will be responsible for his or her own medical insurance, but the husband shall cooperate, so the wife may avail herself of her COBRA rights, if she so chooses.

5a. The husband will maintain no less than $100,000 of insurance on his own life with each of the children as a beneficiary, for a total of $200,000, as long as he has an obligation to each under the terms of either the support statute or the college education statute.

5b. The husband will maintain no less than $100,000 of insurance on his own life with the wife as beneficiary, as long as he has a financial obligation to her under the terms of this judgment.

6. The husband shall pay to the wife $75 per week as alimony.   These payments shall be taxable to the wife and deductible to the husband, and shall terminate on the death of either party, the remarriage of the wife, or January 1, 2023, whichever contingency shall first occur.   The terms of the cohabitation statute shall apply.

7a. The family home shall be placed on the market for sale on March 1, 2014, and the court will maintain jurisdiction regarding any house-related issues.

7b. Any issues regarding personal property shall be referred to Bernard Christianson, Esquire for binding arbitration.   The parties will split the future costs of his services.

8. The husband will maintain ownership of his gun collection.

9. The balance of the tax refund, if any, shall be divided equally between the parties.

10. The value of the husband's current stock options shall be divided equally between the parties, irrespective of when the stock options are redeemed.

11. The wife shall keep her pension assets.

12. The husband shall transfer by quadro $35,000 to the wife from his 401K. The cost of the transfer, if any, shall be split between the parties.   The court will maintain jurisdiction over this paragraph.

13a. When the husband has paid off the current loan on his 401K, this shall be considered a substantial change of circumstances for the purpose of modifying financial orders.

13b. The husband shall notify the wife in writing when the loan has been paid.

13c. The husband shall keep the balance of his pension assets.

14. Each party shall pay his or her own counsel fees.   A contribution toward counsel fees was taken into account in the distribution of pension assets, as was the payment already made to Bernard Christianson.

15. Subject to the terms of this agreement, each of the parties shall keep the assets listed on his or her affidavit and each will be responsible for the debts listed on his or her affidavit.

Edward J. Dolan

Judge of the Superior Court

PARENTING RESPONSIBILITY PLAN

THIS AGREEMENT made and entered into this 21st day of February 2013 by and between TINA A. GONZALEZ of the Town of Southington, County of Hartford and State of Connecticut, hereinafter known as “Tina” and LUIS GONZALEZ of the Town of Southington, County of Hartford and State of Connecticut, hereinafter known as “Luis.”

A. Tina and Luis agree that each of them shall be joint legal custodians of the minor children subject to the following:

B. The primary residence of the minor children shall be with Tina and she shall have the primary day-to-day responsibility for their guidance and upbringing, subject to rights of liberal and reasonable access with Luis. The parties acknowledge that Luis' present work schedule at Logan Airport requires some degree of flexibility in scheduling.   At such time as Luis' works schedule/location should change, this Agreement shall be revised to accommodate said schedule change, the availability of both parties and the best interests of the children.   To the extent possible, Luis shall provide Tina two weeks notice of short-term schedule changes.   Presently, Luis shall be entitled to parental access on a two-week rotating schedule, including but not limited to:

1.  Tuesday afternoons after school through Friday morning and the following week Tuesday afternoon until Friday evening at 8:00 p.m.

2.  Alternating holidays among:  New Year's Day, Easter Sunday, Memorial Day, 4th of July, and Labor Day. It is understood that Luis may have to work on any or all of these holidays and will provide Tina as much notice as possible for any holiday that he is scheduled to have the children but cannot see them.   The parties shall alternate Thanksgiving;  Luis to have them in odd years and Tina in even years.   Thanksgiving shall be defined as Thursday morning at 9:00 a.m. until Friday evening at 8:00 p.m. Tina shall have Christmas every year from noon on Christmas Eve to noon on Christmas Day. Luis shall have access from noon Christmas Day through noon on December 26.   The alternating holidays access shall start with the mother on Easter Sunday, 2013.

3. Each party shall have the children up to two weeks during each school summer vacation period, which weeks may be consecutive, provided that the parties discuss their proposed vacation dates not later than May 1 of each year.   If the requested vacation schedules conflict, Tina shall get preference in even-numbered years and Luis in odd-numbered years.   In all events Tina will be given preference for her two-week family beach vacation July of each year and will notify Luis as to the exact dates by May 1 of each year.

4. The parties shall discuss an equitable division of the children's winter and spring school vacations.

5. The children shall be with Luis on Father's Day from 9:00 a.m. to 8:00 p.m. and with Tina on Mother's Day from 9:00 a.m. to 8:00 p.m. Both parties will have access to the children on the child's birthday for a minimum of one-half hour if the child is otherwise in the care or custody of the other parent.

6. Father's Day, Mother's Day, holiday visitation and vacation access supersede regular parenting time.   A week-long vacation period shall be defined as Saturday to Saturday with regular visitation thereafter.

7. Further, it is understood that Luis' work schedule and Tina's work schedule may conflict with some of his/her access with the children.

8. Neither Tina nor Luis shall make or encourage any child to make any plans or arrangements that might impede the parenting schedule provided such limitation does not interfere with appropriate school activities.   Nor shall either parent discuss any adjustments to the schedule that such parent wants to make with the children.   Any such adjustment must first be discussed with the other parent.

C. Tina and Luis shall consult with one another on substantial questions relating to religious upbringing, educational programs, significant changes in social environment and non-emergency health care of the children.   They shall exert their best efforts to work cooperatively in future plans consistent with the best interests of the children and in amicably resolving such disputes as may arise.

D. All decisions affecting the children's growth and development, including but not limited to choice of school, course of study, extent of travel away from home, choice of camp, major medical treatment, health care providers, out-of-home child care, psychotherapy, or like treatment, shall be considered major decisions and shall be considered and discussed in depth.

E. The parties agree that in reaching any major decisions pertaining to the children, they shall be guided by the best interests of the children.   The parties agree that neither party shall unreasonably withhold consent in reaching any major decisions pertaining to the children.

F. If the parties are unable to agree on important or currently Family Transition Project decisions affecting the children, the parties may engage in “family services sponsored mediation” in an attempt to resolve the issue(s) prior to proceeding with litigation.

G. Tina and Luis shall immediately inform each other with respect to any illness or accident of the children and in the event that any such illness or accident causes the child(ren) to be confined to bed or home (whether at Tina's home or Luis' home) for more than forty-eight (48) hours, such other parent shall be entitled to visit the child(ren) at reasonable times and for reasonable periods.

H. Tina and Luis at all reasonable times upon request shall inform each other with respect to the physical location and whereabouts of the children with reasonable phone access at all times.

I. Each parent shall be entitled to complete information from any pediatrician, general physician, dentist, consultants or specialists attending the children for any reason whatsoever and to have copies of any reports given by them, or any of them, to a parent.

J. Each parent shall be entitled to complete and full information from any teacher or school giving instruction to the children or to which the children may attend.

K. Neither party shall relocate his or her residence without sixty (60) days advance written notification to the other by certified or registered mail or personal service.   Neither party shall relocate out of state with the children without prior court order.

L. Neither party shall disparage the other party to the children nor shall either permit a third party to disparage a parent to the children.   Further, the parties shall not discuss the dissolution of marriage proceeding or other court-related matters in front of or with the minor children.

M. This agreement will primarily apply to the parties' son Martino and the parties' daughter Sofia shall have reasonable and liberal rights of visitation with her father.

Tina A. Gonzalez

Luis Gonzalez

Dolan, Edward J., J.