Amy Napolitano v. Edward Napolitano (2014)

MEMORANDUM OF DECISION

The undersigned, having carefully reviewed and considered the evidence presented in the instant matter, finds the following facts:

The parties were married in Las Vegas, Nevada on July 4, 1998.   The marriage has broken down irretrievably, with no hope of reconciliation.   The defendant husband is at fault for the breakdown of the marriage.   The plaintiff has resided in Connecticut for twelve (12) months prior to bringing the instant action.   There are two minor children born issue of the marriage, Roxanne Napolitano, date of birth February 10, 2000;  and Jaylen Napolitano, date of birth October 31, 2003.   The former child has special needs.   The parties are joint owners of the family residence, located at 3 Olde Field Drive, East Haddam, Connecticut.   The defendant currently lives in the marital residence, but has not paid the mortgage for at least five months.   The home is in foreclosure.   Neither party was a recipient of state assistance during the pendency of the marriage.   The plaintiff wife is not pregnant.   The court has jurisdiction.

The plaintiff, Amy Napolitano, hereinafter referred to as “the plaintiff,” is in good health.   She is employed part time as an EMT with the East Haddam Ambulance Association, with a weekly gross income of $171, and a net weekly income of $158.24.

The defendant, Edward Napolitano, hereinafter referred to as “the defendant,” is in good health.   He is employed as a mechanic for Ryder Transportation, with a gross weekly wage of $848, and a net weekly income of $636.   He earned $43,264 during the calendar year 2013, according to his most recent financial affidavit.

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

1. The custody and visitation agreement approved by the court, Adelman, J., on or about August 15, 2013, is hereby incorporated herein and made part of the judgment in the instant matter.

2. The defendant shall pay child support to the plaintiff in the amount of $248, in accordance with the state Child Support Guidelines.

3. The court will maintain jurisdiction regarding any post-secondary educational support orders, pursuant to C.G.S. Sec. 46b–56c.

4. The defendant shall pay the plaintiff alimony in the amount of $110 per week, for a period of eight years.   This obligation shall cease upon the death of either party or the remarriage or co-habitation of the plaintiff.   A second alimony stream of $1 a year from the defendant to the plaintiff is hereby ordered, and will be modifiable only in the event that the plaintiff becomes responsible for the mortgage on the marital home.

5. The parties shall each be responsible for their personal debts listed on their respective financial affidavits, and shall each hold harmless and indemnify the other for those debts.   The parties shall be jointly responsible, on a 50/50 basis, for any and all joint debts listed on their financial affidavits.

6. The defendant shall be responsible for 50 percent of any and all daycare expenses and unreimbursed medical expenses, including but not limited to medical, dental, optical, orthodontics, and mental health costs, including deductibles.   Such payments shall be reimbursed within 30 days after being posted by the plaintiff on Our Family Wizard, provided copies of such billing(s) are provided to the defendant within that time period.

7. The defendant shall be responsible for one-half of the total expenses for extracurricular activities for each child, provided the cost does not exceed $100 per week.   In addition, the defendant shall reimburse the plaintiff the sum of $1,035 for one-half of the karate lessons for Jaylen, and $192.09 for one-half of the expenses for the dance classes for Roxanne.   The defendant shall be responsible for one-half of any and all costs and expenses associated with the child advocate going forward, and is ordered to pay $1,050, representing one-half of the child advocate bills incurred to date.   The defendant is also ordered to pay one-half of the plaintiff's outstanding legal fees, which totals $5,740, which the undersigned finds a reasonable amount.   All of the payments ordered within this paragraph shall be made within 90 days of the entry of judgment.

8. The defendant shall provide medical insurance for the minor children at his sole expense, through his employer.   The plaintiff shall be responsible for paying her own medical coverage via Cobra or by any other means available to her.

9. The defendant shall obtain life insurance in the amount of not less than $50,000, at his sole expense, naming his children as sole and irrevocable beneficiaries.

10. The defendant's 401K plan, as delineated on his most recent financial affidavit, shall be divided equally with the plaintiff by means of a Qualified Domestic Relations Order (QDRO).   The defendant shall be solely responsible for any and all fees and costs related to the creation of the QDRO ordered herein.

11. The parties shall retain such bank, investment, life insurance and retirement accounts and motor vehicles that are titled in their respective names on their respective financial affidavits.

12. The marriage is hereby ordered dissolved.   Judgment may enter in accordance with the aforementioned orders.

GOULD, J.

Gould, Mark T., J.