James L. Trice v. Etta D. Trice (2014)

MEMORANDUM OF DECISION RE MOTION FOR CONTEMPT (# 115.00) AND DISSOLUTION OF MARRIAGE

MOTION FOR CONTEMPT

The above motion was heard on January 27, 2014, with both parties present.   The defendant claims that of the sum of $1,450 which the plaintiff was ordered to pay to her by order of the court on November 21, 2013, he had in fact paid only $300 by the date of the hearing.   Also, the defendant claims that the plaintiff failed to pay her the additional monthly payments of $400 toward household expenses which were due on December 3, 2013, and January 3, 2014.   The plaintiff does not dispute the defendant's accounting of the payments due and payments made.   However, the court notes that as of the date of the hearing the second half of the $1,450 sum was not yet due, as the court Order called for the second payment of $725 to be made by January 31, 2014.

The court finds that as of January 31, 2014, the plaintiff owes the defendant for household expenses the total sum of $1,950 less any payments the plaintiff may have made after the hearing of January 27, 2014.   The court declines to find the plaintiff in contempt but as a remedial measure orders the plaintiff to pay the said total sum to the defendant within sixty (60) days of this decision.

DISSOLUTION OF MARRIAGE

The trial of the above matter was held on January 27, 2014.   The parties themselves were the only witnesses to testify.

FINDINGS

Based upon the testimony and evidence presented at trial, the court finds as follows.

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

The parties married on October 28, 2000, at Hartford, Connecticut.   The defendant has resided in Connecticut for twelve months prior to the institution of this action.

There are no children of the marriage.   Neither party has received financial assistance from the State of Connecticut.

The marriage of the parties has broken down irretrievably, with no possibility of reconciliation.

The marital home consisting of the real property located at 25 Delmont Road, East Hartford, Connecticut, is determined to have a fair market value at the time of judgment of $140,000.   The property is encumbered by a first mortgage held by Chase having an unpaid principal balance of approximately $153,000.   The parties therefore have no equity value in the property.   Title to the marital home is held solely in the name of the defendant.   The parties have other assets and liabilities as shown on their respective financial affidavits which are referred to in the additional findings and orders below.

The defendant is a mental health assistant employed by the State of Connecticut.   The court finds her net weekly income, including average overtime earnings, to be $1,220.00.

The plaintiff was employed by the State of Connecticut at Central Connecticut State University until September 2009.   He has applied to the State of Connecticut for a service-connected disability retirement and is awaiting a determination of that application.   The court finds his current net weekly income from Social Security disability to be $232.00.

The plaintiff has mental health conditions for which he is prescribed various medications.   No health issues of the defendant were indicated by the evidence.

The marriage of the parties has been a stressful one.   Upon consideration of all the evidence, the court finds that the plaintiff bears more responsibility than the defendant for the breakdown of the marriage due to the financial hardships caused by his refusal to contribute consistently to household expenses during the marriage;  his conduct toward the defendant which resulted in this court's issuance of a restraining order in 2012;  his extended absences from the marital home;  and his mood swings attributable to irregular compliance in taking the medications prescribed for his mental health issues.

The parties have incurred significant debt as set forth in their financial affidavits, including unpaid tax liabilities to the Internal Revenue Service and the State of Connecticut.   The defendant has also incurred debt in recent years to pay the plaintiff's medical expenses, even though the parties have been involved in two separate divorce proceedings (namely the pending matter and a prior action that was commenced and then withdrawn by the plaintiff).   The defendant's debt includes a $3,000 loan which she borrowed from her credit union to use toward the payment of $4,300 for the plaintiff's medical bills in late 2012.

All pertinent criteria established by the Connecticut General Statutes and applicable case law were considered by the court in the entry of the Orders below.

ORDERS

Dissolution of Marriage

The marriage of the parties is dissolved on grounds of irretrievable breakdown.   The parties are declared to be single and unmarried.

Medical Insurance

Each party shall be responsible for his or her own medical and dental insurance and unreimbursed medical expenses.

Alimony

Considering the causes of the dissolution of the marriage, the length of the marriage, the parties' ages, health and station, the amounts and sources of their respective incomes, and the other pertinent factors set forth in Section 46b–82 of the Connecticut General Statutes, the court orders the defendant to pay periodic alimony to the plaintiff commencing one week after the date the plaintiff vacates the marital home and continuing for a period of six (6) years in the amount of one hundred twenty-five dollars ($125) per week.   However, said alimony shall terminate upon the first of the following events, if any, to occur:

a) the death of either party;

b) the remarriage of the plaintiff;

c) the commencement of receipt by the plaintiff of periodic income in the amount of at least $800 per month in addition to the income shown on his financial affidavit, whether such income be the result of employment, service-connected disability payments from the State of Connecticut, or otherwise, or any combination thereof.   The plaintiff shall notify the defendant within 72 hours of obtaining any employment, being approved for service-connected disability, or receiving the first installment of any income other than that shown on his financial affidavit.

Said alimony shall be modifiable as to amount but non-modifiable as to duration.   Said alimony shall be subject to the provisions of Connecticut General Statute § 46b–86(b).

The court orders alimony of one ($1) dollar per year payable to the defendant by the plaintiff, solely for the purposes of securing the plaintiff's obligation to pay his share of the Internal Revenue Service and State of Connecticut income tax liabilities as set forth in this judgment, and securing his obligation to pay the defendant the sums found due with regard to the motion for contempt decided above and to pay the further contributions ordered herein toward household expenses of the marital home while he resides there.   Otherwise, the court makes no order of alimony payable to the defendant by the plaintiff.

Property Settlement

Marital Home

The defendant shall retain, free of any claim or interest of the plaintiff, all right, title and interest in and to the real property located at 25 Delmont Road, East Hartford, Connecticut.   The plaintiff shall vacate said property within thirty (30) days after the date of this judgment.   Until he vacates the premises, the plaintiff shall pay to the defendant the sum of $400 per calendar month (including the month of February 2014) as a contribution toward the expenses of owning and maintaining the home.   If plaintiff vacates the premises before the end of a calendar month said sum shall be prorated according to the number of days during the month that he occupied the property.   Other than the plaintiff's obligation for such payment, the defendant shall be solely responsible for all costs associated with said property, including but not limited to the mortgage, taxes, hazard insurance, and utilities, and shall hold the plaintiff harmless and shall indemnify him for any liability arising therefrom.

The court shall retain jurisdiction over this matter for purposes of enforcing and effectuating the orders with regard to the marital home.

Bank Accounts

Each party shall retain the bank accounts in his or her sole name as set forth on his or her financial affidavit, free of any claim or interest of the other party.

Automobile

The defendant shall own the 2006 Subaru Tribeca automobile free and clear of any claim by the plaintiff.   She shall be solely responsible for all costs associated with the ownership and operation of said vehicle including but not limited to the loan payments and personal property taxes and shall indemnify and hold harmless the defendant from any liability therefrom.   Each party shall execute and deliver to the other party, at no cost, any and all documents or forms necessary to effectuate the terms of the foregoing order.

Other Tangible Personal Property

To the extent that the parties have already divided their personal property to their satisfaction, each shall retain the items in his or her possession.   To the extent they have not already done so, the parties shall make an equitable division between them of the furniture, furnishings, and other items of personal property owned by them and located in the marital home as of the date of judgment.

Retirement Assets

1. The defendant shall transfer to the plaintiff fifty percent (50%) of the defendant's monthly retirement benefit under the Connecticut State Employees Retirement System (the “Plan”) calculated as of the date of this judgment, as such payment may be adjusted for cost-of-living adjustments.   Said transfer shall be made pursuant to a Domestic Relations Order (“DRO”).   The parties shall retain Attorney Jeffrey M. Winnick to draft and Implement such DRO and shall share equally the costs and fees associated therewith.   The court shall retain jurisdiction to effectuate these orders and the entry of such DRO and to resolve any disputes which may arise with regard to the preparation and execution of the DRO.

2. The defendant shall retain all rights to the ING State of Connecticut 457 retirement plan account listed on her financial affidavit, free and clear of any claim or right of the plaintiff.

3. The plaintiff shall retain all rights to any service-connected disability benefit he may receive from the State of Connecticut, free and clear of any claim or right of the defendant.   If in lieu of such benefit the plaintiff becomes entitled to the refund of his contribution to the State of Connecticut retirement plan, plus interest, said refund including interest shall belong to the plaintiff free and clear of any claim of the defendant.   The plaintiff shall, within seventy-two (72) hours of receipt of any notice regarding his eligibility for or receipt of any such service-connected disability or any such refund, provide the defendant with a copy of same.

Other Assets

Except as otherwise provided herein, each party shall retain each asset shown on his or her financial affidavit, free and clear of any claim of the other party.

Liabilities

Except as otherwise ordered herein, the following orders shall apply to the liabilities of the parties.

The parties shall bear equally the responsibility for payment of any and all liabilities owed to the Internal Revenue Service or the State of Connecticut with respect to joint income tax returns filed by them for any year prior to 2013.   Each party shall indemnify and hold harmless the other with respect to the portion of such liabilities which is the obligation of the indemnifying party.

Except for said tax liabilities, the plaintiff shall be solely responsible for the payment of the balances due on the debts listed on his financial affidavit, and he shall hold harmless and indemnify the defendant with respect thereto.

Except for said tax liabilities, the defendant shall be solely responsible for the payment of the balances due on the debts listed on her financial affidavit, and she shall hold harmless and indemnify the plaintiff with respect thereto.

Legal Fees

Each party shall be responsible for the payment of his or her own legal fees, if any.

Exchange of Information

For as long as any order of alimony remains in effect, the parties shall provide each other with the information and documents set forth in this order.   Each shall provide his or her correct residence and mailing address and promptly notify the other of any change in such information.   The plaintiff shall also provide the defendant or her attorney, upon request from time to time, continuing authorization to obtain information from the State of Connecticut regarding the plaintiff's application for or receipt of service-connected disability benefits.

In addition, the parties shall annually exchange the first pages of their federal income tax returns and copies of all W–2 and 1099 forms issued to them.   This exchange of income information shall take place no later than May 1 of the calendar year following the year for which the returns are due, e.g. the returns and other information for 2013 shall be exchanged by May 1, 2014.

SO ORDERED.

BY THE COURT,

Albis, J.

Albis, Michael A., J.