Sheryl Whiles v. Scott Whiles (2013)

AMENDED MEMORANDUM OF DECISION

The instant amended decision in the above-captioned matter reflects the court's review of the plaintiff's motion to reargue, dated November 26, 2013 and the defendant's motion for articulation and reconsideration, dated November 21, 2013.

The undersigned, having carefully reviewed the testimony, documentary evidence and relevant statutory criteria, finds the following facts and issues the following orders.

The parties were married in Wallingford, Connecticut on October 25, 1986.   The marriage has broken down irretrievably, with no hope of reconciliation.   The plaintiff is solely at fault for the breakdown of the marriage, due to her profligate financial spending irregularities which forced the defendant into significant debt.   Neither party was a recipient of state aid during the pendency of the marriage.   The plaintiff has resided in the State of Connecticut for at least twelve (12) months prior to commencement of the instant action.   There are no minor children born issue of the marriage.   The parties have four children, all of whom have reached majority age.   Two of the children, Heather, date of birth January 7, 1991, and Kylie, date of birth December 19, 1991, are or will be attending post-secondary educational institutions.   The plaintiff wife is not pregnant.   The court has jurisdiction.

The plaintiff, Sheryl Whiles, hereinafter referred to as “the plaintiff,” is fifty-five years old, and in mediocre health.   She has undergone surgeries to her shoulders, knee, thumbs, and back.   She cannot raise her right, master arm to any significant degree.   She is currently collecting Social Security disability in the amount of $267 per week.   She also receives horse boarding income in the amount of $81 per week, and babysitting income in the amount of $600 per month.   She is a high school graduate.

The defendant, Scott Whiles, is in reasonably good health.   He is employed as a mechanic for Whiles & Sons, LLC, with $300 weekly income.   From 2008 through 2011, the defendant earned approximately $35,000 per year, but his employment, and income, has been curtailed due to alcohol abuse.

The parties are co-owners of the marital residence, located at 77 Indian Lane in Durham, Connecticut.   The residence is valued at $250,000, and is encumbered by a mortgage in the amount of $260,000.   The parties also own a lot located on Saw Mill Road in Durham, Connecticut.   The lot is valued at $30,000, and has no encumbrances on it.   The plaintiff currently resides in the marital home.

The court, having heard all of the evidence presented at trial, the reasonable inferences drawn therefrom, and having reviewed the statutory factors enumerated in the Connecticut General Statutes, enters the following orders:

1. The defendant shall quit claim all of his right, title and interest in the marital home and lot, referenced above, to the plaintiff within thirty (30) days of judgment.   The plaintiff shall have sole and exclusive use of the marital residence and the lot, and shall be solely responsible for the costs and maintenance of the two properties, and shall further indemnify and hold the defendant harmless for all such costs and maintenance, including, but not limited to, the mortgage.   The plaintiff shall allow the defendant reasonable access to the premises to obtain any personal items left there.

2. The court declines to award alimony to either party.

3. Each party shall retain his or her own motor vehicles.

4. Each party shall be responsible for his or her own medical insurance.

5. Each party shall assume, pay, hold harmless and indemnify the other relative to the liabilities delineated on their respective financial affidavits.

6. Each party shall retain any saving and checking accounts solely in his or her name, as delineated on the respective financial affidavits.

7. Each party shall pay one-half of the children's post-secondary education expenses and costs, including, but not limited to, tuition, room, board, books, supplies, transportation, school fees, school activities fees, internship and externship fees.

8. Each party shall be solely responsible for his or her own attorneys fees, costs and trial expenses.

9. The marriage is hereby ordered dissolved.

GOULD, J.

Gould, Mark T., J.