Mary Garrison v. Michael Garrison (2014)

MEMORANDUM OF DECISION

The Plaintiff, Mary Garrison whose birth name was Mary Tozlosky and the defendant, Michael Garrison intermarried in Elkton, Maryland on May 9, 1988.   There is one minor child, issue of the marriage, Hilary M. Garrison, born March 31, 1998.   Neither of the parties has been the recipients of State or local assistance.   The Court has the requisite jurisdiction.

The Court has not considered the cause or causes of the breakdown of the marriage but it has considered the medical history and physical plight of the parties.   During the course of the trial the plaintiff attempted to offer assorted testimony relating to events such as verbal abuse during the marriage but the Court precluded said offer of testimony and has not considered same.   To consider testimony of fault when the assets and income of the parties and the marital home is under foreclosure would serve no purpose and would simply exacerbate the existing tension between the parties.

The Court has carefully considered in accordance with Sec. 46b–81 and 46b–82, Conn. Gen. Stats. the assets, liabilities, income and expenses of the parties.   Because of the limited assets of the parties the Court has not considered the cause or causes for the breakdown of the marriage.

1. Dissolution

The marriage of the parties has broken down irretrievably and is dissolved.

2. Alimony

This is a 15–year marriage and while the parties have limited assets and significant medical issues the plaintiff's medical conditions are probably more acute.   The Court orders that the defendant pay to the plaintiff the sum of 75.00 on a weekly basis until the death of either party, the remarriage of the wife or the assumption of a conjugal relationship by the wife as defined by statute.   Defendant shall provide quarterly reporting of his income annually to the plaintiff.

The wife receives a total of $288.00 per week from Social Security disability and public assistance.   A review of the testimony makes clear that the wife's health and physical condition is grave so life time alimony is clearly warranted.

3. Child Support and Custody

The defendant shall pay as child support a sum as prescribed by the Child Support Guidelines and until the minor child attains the age of 19 or becomes emancipated, whichever first occurs.

3a. The plaintiff and defendant shall have joint custody of the minor child with physical custody to the plaintiff.

4. Marital Residence

The plaintiff shall have exclusive possession and sole ownership of the marital home.   The defendant shall quit claim to the plaintiff said real estate, within 20 days from date of this judgment.   The plaintiff shall hold the defendant harmless for any and all expenses related to the marital home including the first mortgage, one-half of the home equity line of credit and any real property taxes.   The defendant shall be responsible for 50% due and owing on the line of credit as of the date of dissolution.

5. Debts

The debts of the parties shall be divided as follows:

Debt Owed to:  Sarah Belichek 50%–50%

Joanne and Alex Davidson 50%–50%

Bert Porzir 50%–50%

Parker Allen 50%–50%

Lewis Garrison 50%–50%

Amazon 50%–50%

Sprint 50%–50%

Macy's 50%–50%

Kohls 50%–50%

Target–Visa 50%–50%

Walmart 50%–50%

WPCA 50%–50%

Defendant shall pay and be fully responsible for the following:  Chase, Attorney McMahon, lawnmower loan, Home Depot, and Shell bills listed on his financial affidavit.

6. Vehicles and Equipment

The 1999 Ford shall be the exclusive property of the defendant and the plaintiff shall be the sole owner of the Nissan.   She shall be responsible for any expenses or loans due or owning as a related thereto.   Both parties shall cooperate in effecting any transfers.   All landscaping equipment shall be owned exclusively by the defendant and he shall be obligated for any and all due for taxes thereon, both current and in arrears.

7. Workman's Compensation Proceeds and Benefits

The plaintiff shall have 35% of any and all proceeds from any and all workman's compensation benefits and proceeds as set forth on the defendant's financial affidavit.

8. Tax Liabilities

The defendant shall be responsible for any tax obligation of the parties through the tax year 2013.

9. Pensions

The defendant has a pension relating to his employment with the Town of Fairfield as well as a 403b account that has been reduced by a loan against it in the amount of $9,100, used for joint family expenses.   Both of these accounts minus the existing loan in the amount of $9,100 on the 403b account shall be divided 55% to the plaintiff-wife and 45% to the defendant-husband.   The cost of any QDRO expense shall be divided equally by the parties.

10. Life Insurance Policies

The defendant shall maintain a term life insurance policy, in the amount of $50,000.00, naming the plaintiff and the minor child as beneficiaries so long as he has any obligation pursuant to the terms of this judgment.

11. Browning Shotgun

This shotgun if it is in the possession of the defendant shall be his.

12. Each party shall be responsible for their respective attorney fees relating to this litigation.

13. The parties' personalty has heretofore been divided.

14. Any and all checking and saving accounts shall remain as an asset of their respective owner or nominee.

OWENS, Judge Trial Referee

Owens, Howard T., J.T.R.