Rose Marie Mezrioui v. Mhamed Mezrioui (2014)

MEMORANDUM OF DECISION

This matter was tried before the court on December 19, 2013.   The plaintiff, defendant and one witness testified.   The court considered all of the credible evidence presented to it and carefully considered the respective criteria for alimony, property settlement, division of debt, custody, parenting access, child support and award of counsel fees.   The court makes the following findings of fact and orders:

The parties were married on July 14, 1999, in West Hartford, Connecticut.   One of the parties has lived in the state of Connecticut for more than one year prior to bringing this action.

The following child has been born to the parties since the date of the marriage:  Youssef, date of birth February 2001.   No other children have been born to the parties since the date of the marriage.   The parties are not receiving state assistance.

The court finds that the marriage of the parties has broken down irretrievably and there is no hope of reconciliation.

The wife is 56 years old and on disability due to breaking her wrist and radius on October 27, 2013, and tearing her hamstring on September 4, 2013.   Mrs. Mezrioui is employed as a nurse at Connecticut Valley Hospital since 2006 and earns approximately $62,000 gross income per year.   She anticipates returning to work in early 2014.   Prior to her employment at Connecticut Valley Hospital, she was employed at Trinity Health Care from 1994–2002.

Mr. Mezrioui has been incarcerated at Cheshire Correctional Institution since February 2012.   He pled guilty to risk of injury to a minor, and sexual assault of his step-granddaughter, age 14, a child the parties had cared for since infancy.   A permanent protective order was issued by the criminal court in favor of the plaintiff.   The defendant violated the protective order while incarcerated.   The criminal court ordered the defendant to have no contact with anyone 16 years old or younger, but left access between father and son for family court to decide.

Prior to defendant's incarceration, the defendant was employed as an assistant nurse and earned approximately $500 per week.   Mr. Mezrioui paid no child support while incarcerated and complained his wife did not send him his income tax refunds while incarcerated.   Mr. Mezrioui anticipates he will be released in January 2014, and must complete sex offender treatment.   During this trial, the defendant denied he sexually abused his step-granddaughter, blamed his wife for not supporting him, and claimed he pled guilty to avoid a longer prison sentence.

Mr. Mezrioui obtained a college degree in Brussels and is 54 years old.   He is in good health, except for asthma.

Mrs. Mezrioui purchased real estate located at 12 Oak Street, Vernon, Connecticut prior to the marriage.   This property was the marital home while the couple resided together.   The appraised value of the home is $125,000.   The first mortgage is $78,000 and a second mortgage in the approximate amount of $26,500 and was taken out to pay for repairs on the porch of property located at 88 Union Street, Vernon, Connecticut.   The approximate equity in the property is $20,500.

The parties purchased rental real estate with a third partner located at 6 Oak Street in Vernon, Connecticut.   The appraised value of this property is $160,000 and current mortgage is $178,434.   The property has negative equity of $18,434.

The parties own 88 Union Street, Rockville, Connecticut, with an appraised value of $95,000 and mortgage of $88,667.   However, the repairs on the porch of this property were funded by the home equity loan on the family home.   Equity in this property, without taking into consideration the home equity loan is $6,300—the cost of porch repairs in the amount of $14,800—reduces equity to a negative $8,500.

The parties jointly own a 2006 Chevy Silverado with a fair market value of $15,500.   The wife has made the monthly loan payment of $600 since February 2012, for a total of $13,200.   At the time of trial, there was one more payment until the loan is paid in full.

Mrs. Mezrioui drives a 2006 Honda Odyssey with a fair market value of $10,099.   The plaintiff testified she needs both vehicles—the truck to transport equipment and material to maintain the rental property, and the Honda to travel to and from work.

The parties' other assets consist of the following:

Peoples United CD $4,025.86

Bank of America CD $4,988.98

Peoples United $1,383.00

First Federal Credit Union $10.00

Sharebuilders Rose $14,909.00

Primerica $1,308.00

Sharebuilders (Joint) $5,096.00

Trinity Hill Retirement $338.00

State of CT SERS Tier 2A $10,500.00

Fault

Pursuant to Connecticut General Statutes § 46b–40(9) imprisonment for an infamous crime involving a violation of conjugal duty and intolerable cruelty pursuant to Connecticut General Statutes § 46b–40c(8) the court finds the defendant solely at fault for the breakdown of the marriage.   Mr. Mezrioui failed to take responsibility for the consequences of his actions, blamed his wife for his incarceration and was not a persuasive witness.

ORDERS

1. DISSOLUTION

The marriage of the parties is dissolved on the grounds of imprisonment for an infamous crime involving a violation of conjugal duty, pursuant to Connecticut General Statutes § 46b–40c(9) and intolerable cruelty pursuant to Connecticut General Statutes § 46b–40c(8).

2. CUSTODY

The plaintiff wife shall have sole custody of the minor child.   The defendant husband shall have professionally supervised visitation with the minor child at his sole expense, if such visitation is not a violation of the existing permanent protective order, orders of the criminal court, or terms and conditions of his probation.   Visitation shall be for an hour every other week.

3. CHILD SUPPORT

A. Child Support is based on the defendant husband's pre-incarceration net income of $344 per week.   Defendant shall pay child support in the amount of $82 per week, until the last to occur of the minor child reaching 18, or graduating from high school.

B. The wife shall maintain medical insurance for the benefit of the minor child as long as permitted by law, if available to her at a reasonable cost.   If health insurance is no longer available to the plaintiff the defendant shall maintain medical insurance for the benefit of the minor child as long as permitted by law, if available to him at a reasonable cost.   If neither party has health insurance available at a reasonable cost the parties shall cooperate to enroll the child on HUSKY or its equivalent.

C. Unreimbursed medical, dental, orthodontic, optical, psychological/psychiatric and prescription expenses for the minor child shall be divided with father paying 30% and mother paying 70% pursuant to the Child Support Guidelines.

D. The parties shall share the cost of work-related daycare including summer camp with father paying 30% and mother paying 70% pursuant to the Child Support Guidelines.

4. ALIMONY

The husband shall pay to the wife alimony of $1 per year.   The term of alimony shall be for 12 years and shall terminate on the death of either party, the wife's remarriage, or cohabitation pursuant to the statute or the husband reaching age 66.   Alimony shall be modifiable as to amount, but not as to term.

5. PROPERTY DIVISION

A) The defendant husband shall transfer all his right, title and interest in the marital home located at 12 Oak Street, Vernon to the plaintiff wife.   The wife shall hold the defendant harmless and indemnified from the first mortgage, home equity loan, homeowners insurance, real estate taxes and utilities.

B) The plaintiff wife shall quit claim all her right, title and interest in and to 6 Oak Street, Vernon, Connecticut to the defendant husband.   The defendant shall hold the wife harmless and indemnified from the mortgage, taxes, insurance and utilities.   The court notes that the terms and conditions of the criminal protective order prevent the husband from residing on the premises of this property.

C) In partial consideration for the home equity loan on the family home, the defendant husband shall quit claim all his right, title and interest in and to 88 Union Street, Vernon, Connecticut to the wife.   The wife shall hold the husband indemnified and harmless from the mortgage, homeowners insurance, real estate taxes and utilities.

D) The wife shall have as her sole property the following:

Peoples CD, approximate balance $4,025.86

Primerica, approximate balance $1,308.00

Sharebuilders Joint, approximate balance $5,096.00

Trinity Retirement $388.00

CT SERS Tier 2A $10,510.00

First New England Credit Union $10.00

E) The husband shall have as his sole property the following:

Bank of America CD, approximate balance $4,988.98

Sharebuilders, approximate balance $14,909.00

6. AUTOMOBILES

A) The wife shall have sole ownership of the 2006 Honda Odyssey.   She will be solely responsible for registration, taxes and automobile insurance for this vehicle.

B) The husband shall have sole ownership of the 2006 Chevy Silverado.   He will be solely responsible for the registration, taxes and automobile insurance for this vehicle.

7. LIFE INSURANCE

The husband shall maintain term life insurance, with a face value of $150,000 and a yearly payment not to exceed $500 per year.   The wife and minor child shall be named irrevocable beneficiaries, until the minor child reaches the age of 23 and the husband's alimony obligation to the wife is terminated.

8. POST–MAJORITY EDUCATION

The court shall retain jurisdiction to enter orders for post-majority educational support, pursuant to Connecticut General Statutes § 46b–56c.   The court finds the parties would have contributed to the cost of post-majority education for their son, if the marriage had remained intact.

9. PERSONAL PROPERTY

The husband shall elect a third party to pickup from the wife and deliver to him his wallet, truck keys, college diploma, CD player and music system and personal papers.   The remaining property located in the family home shall be the sole property of the plaintiff, wife.

BY THE COURT

Holly Abery–Wetstone, J.

Abery–Wetstone, Holly, J.