Anthony Conyers v. Michelle M. Conyers (2014)

MEMORANDUM OF DECISION

This dissolution of marriage action was commenced by the plaintiff, Anthony Conyers, against the defendant, Michelle M. Conyers, by summons and complaint dated January 7, 2013, and made returnable to this court on February 19, 2013.   The defendant filed a cross complaint on February 22, 2013.   The plaintiff withdrew his complaint on October 18, 2013.   On January 31, 2014, the case was tried before the court on the defendant's cross complaint.   The plaintiff represented himself.   The defendant was represented by Joseph E. DePaola, Esq. The court heard testimony from both parties.   No exhibits were entered into evidence.

Upon careful consideration of the evidence presented and the pertinent statutory law, in particular General Statutes §§ 46b–82 (alimony), 46b–56 (custody, care, education, visitation and support of children), 46b–81 (assignment of the marital estate), and 46b–56c (educational support orders), and the relevant case law, and having observed the demeanor of the parties at trial, the court finds and orders as follows.

I

Findings

1. The plaintiff and the defendant were married on April 12, 2005 in West Haven, Connecticut.

2. The parties continuously lived in the State of Connecticut for at least one year before this action was filed.

3. There is one minor child issue of the marriage:  Alivia J. Conyers (DOB:  08/23/06).

4. The defendant is not currently pregnant.

5. The State of Connecticut has stipulated that it is not making any claims in this matter, that any arrearage due the State has been satisfied and that the minor child is no longer on Medicaid, Husky A insurance.

6. The court has jurisdiction over this matter and all statutory stays have expired.

7. The allegations of the cross complaint are proven and true.

8. The marriage has broken down irretrievably with no hope of reconciliation.

9. The plaintiff is 48 years old and is in moderate health.   He is a college graduate, holds several certifications, and is presently employed as a driver earning approximately $250 gross income/$226 net income per week.

10. The defendant is 32 years old and is in good health.   She attends college full-time during the week and works weekends as a Certified Nursing Assistant (CNA) at a health care center in Hamden, Connecticut.   She earns approximately $1,053 gross income/$797 net income per week.

11. The defendant has been the primary financial supporter of the family throughout the parties' marriage.   She has consistently held a job, paid the household bills and paid for her own education expenses.   She is currently attending school to obtain a licensed practical nurse (LPN) degree.   During the marriage, the defendant also supported the plaintiff in furthering his education and vocational training.   She paid for the plaintiff to obtain various certifications but he has yet to use any of those certifications in the workforce.   The defendant worked sporadically during the parties' marriage.   He has the ability to support himself.   He can earn and has earned more than he presently does or reports as his income.

12. The defendant has been the primary caregiver for the parties' minor child throughout the marriage.   The parties separated in 2007, reconciled, then separated again in 2010.   The minor child has resided continuously with the defendant.   The parties have lived apart since 2010.   The plaintiff has not spent significant time with the minor child since the parties separated.

13. The court finds credible the defendant's testimony that the cause of the breakdown of the parties' marriage is the plaintiff's unwillingness to provide financial support to his family and his discommodious treatment of the defendant.   Accordingly, the court finds that the plaintiff is the primary cause of the irretrievable breakdown of the parties' almost nine-year marriage.

14. Pursuant to General Statutes § 46b–56c, the court finds, and the parties stipulate, that it is more likely than not that they would have provided post-majority educational support to the minor child if the family had remained intact.

15. The defendant has completed the Parenting Education Program.

16. In entering the orders below, the court relies upon and incorporates herein by reference the Child Support Guidelines Worksheet filed with the court on January 31, 2014.   The referenced Worksheet reflects that the presumptive child support amount payable by the plaintiff to the defendant is $50 per week, that unreimbursed medical expenses are allocable 17% to the plaintiff and 83% to the defendant and that the plaintiff should contribute 17% towards child care expenses.

II

Orders

1. Dissolution:  The marriage of the parties is dissolved on the ground of irretrievable breakdown.   The parties are declared single and unmarried.

2. Alimony:  No alimony is awarded to either party.

3. Custody and Visitation:  The parties shall share joint legal custody of the minor child.   In the event the parties are unable to reach agreement after reasonable and meaningful discussions, the defendant shall have the final decision-making authority.   The minor child's primary physical residence shall be with the defendant.   The plaintiff's parenting time with the minor child is set forth on the attached Schedule A.

4. Child Support:  The plaintiff shall pay to the defendant the amount of $50 per week for child support.   This amount is consistent with the Child Support Guidelines Worksheet and shall be paid in accordance with General Statutes § 46b–84.

5. Unreimbursed Medical Expenses:  The plaintiff shall pay 17% and the defendant shall pay 83% of any unreimbursed and/or any uncovered medical and dental expenses for the minor child.   This allocation is consistent with the Child Support Guidelines Worksheet and such expenses shall be paid in accordance with General Statutes § 46b–84.

6. Child Care Contribution:  The plaintiff shall pay 20% and the defendant shall pay 80% of any work-related child care expenses.   This allocation is consistent with the Child Support Guidelines Worksheet and such expenses shall be paid in accordance with General Statutes § 46b–84.

7. Parenting Education Program:  The plaintiff is ordered to complete the parenting education program within 60 days and file a certificate of completion with the court within 90 days.

8. Educational Support Order:  The court reserves jurisdiction to determine whether to enter an educational support order and, if so, the terms of that order pursuant to General Statutes § 46b–56c.

9. Extracurricular Activities:  The parties shall discuss, in advance, any extracurricular activity, enrichment program and/or summer camp activities for the benefit of the minor child.   Only such activities as agreed upon by the parties shall be considered an approved activity for enforcement under these orders, but neither party shall unreasonably withhold his or her approval.   The cost of all approved activities shall be shared equally by the parties.   Any activity not approved may still be engaged in by the child so long as the activity does not interfere with the parenting access time of the other parent and the cost of said activity is covered entirely by the parent engaging the child in such activity.

10. Income Tax Dependency Exemptions:  The parties shall alternate claiming the minor child as a dependent for income tax filings with the plaintiff taking the exemption in even years and the defendant taking the exemption in odd years.

11. Tax Returns:  Each party shall provide the other party with a copy of the first two pages of his/her individual federal income tax return, 1099s and W–2s for the previous year by April 30th of each year until the minor child attains the age of twenty-three.

12. Health Insurance:

a.  Each party shall be responsible for the procurement and cost of his/her own health insurance.

b. The parties shall cooperate in enrolling or maintaining the minor child in the HUSKY Insurance Program;  provided, however, that either party shall provide health insurance for the benefit of the minor child if such insurance becomes available to him/her at a reasonable cost.

13. Debts and Liabilities:  Each party shall be solely responsible for payment of the debts and liabilities listed on his/her respective Financial Affidavit and each party shall hold the other harmless and indemnify the other from all liability therefrom.

14. Assets:  Each party shall own, free and clear of any claim by the other, the assets listed on his/her respective Financial Affidavit and any motor vehicle or other items of personalty currently in that parties' possession.

15. Attorneys Fees:  Each party shall pay his/her own legal fees and costs incurred in connection with these divorce proceedings.

Morgan, J.

SCHEDULE A

1. The plaintiff shall have parenting time with the minor child as follows:

a.  Alternating weeks beginning Fridays at 5:00 pm until Sundays at 8:30 pm.

b. Drop off and pick up will take place at Little Heroes Daycare Center in Hamden unless otherwise agreed by the parties.

2. Holidays:

a.  The plaintiff shall have the minor child on Christmas Day and Father's Day.

b. The defendant shall have the minor child on Thanksgiving Day and Mother's Day.

3. Christmas Vacation Week:

a.  The plaintiff shall have the minor child for the first half of Christmas vacation week until December 26th.

b. The defendant shall have the minor child beginning on December 26th until the end of Christmas vacation week.

4. Summer:

a.  The minor child shall spend the month of July with the defendant.   The plaintiff's alternating weekend visitation with the minor child shall be suspended during July.

b. The minor child shall spend the month of August with the defendant except as follows:

i.  The minor child shall spend each birthday (August 23rd) with the defendant.

ii. In 2014, the minor child may travel with the defendant to Jamaica for a family reunion in late July/early August;  accordingly, the plaintiff's summer parenting time with the minor child will commence on August 5th.

iii. The defendant's parenting time shall end on the last day of August or two days before school resumes, whichever is earlier.

5. The parties shall ensure that the minor child is properly fed, bathed, dressed and groomed when in his/her care.

6. The parties shall have reasonable telephone contact with the minor child when the child is in the other party's care.

7. The parenting access schedule may be modified by agreement of the parties.   The parties shall make every effort to accommodate the other parent regarding reasonable requests for changes to this schedule.

8. The parties shall exchange contact information with one another.   The parties will notify the other if the child is seriously injured or becomes seriously ill when in that party's care.

9. Neither party shall do anything to harm the minor child's relationship with the other party.

Morgan, Lisa K., J.