Jerry Lee Robinson v. Joyce Robinson (2014)

MEMORANDUM OF DECISION

This action seeks the dissolution of the parties' 28–year marriage.   The action was commenced by complaint dated June 10, 2013 and returnable to the court on June 25, 2013.   The matter was tried before the court on March 7, 2014.   The issues before the court were alimony, the possible division of a past IRS debt and plaintiff's medical bills.   The court has considered all the credible evidence presented to it along with its observation of the demeanor and attitude of the parties.   All the exhibits have been carefully reviewed and considered, as well as relevant common law, including, without limitation, the statutory criteria set forth in General Statues § 46b–82 as to assignment of alimony and § 46b–81 as to assignment of property and transfer of title.   The court has carefully considered the respective criteria for orders of alimony, property division, payment of counsel fees, and has unsealed financial affidavits.   The findings of fact made by the court have been made by a fair preponderance of the evidence.

JURISDICTION

The parties lived in the State of Connecticut for at least one year before the filing of the dissolution complaint.   The parties have not been recipients of state aid.   The court finds that the allegations of the complaint are proven and true.   The parties' marriage has broken down irretrievably with no hope of reconciliation.   All statutory stays have expired.   The court has jurisdiction over this matter.   Both plaintiff and defendant are represented by counsel.

TRIAL PROCEDURE

On the day of trial, counsel represented that the parties were in agreement on all matters relative to the dissolution with the exception of three specific issues:  alimony, several medical bills pertaining to Mr. Robinson, and a tax liability owed to the Internal Revenue Service.   Counsel consented to the court incorporating into its Memorandum of Decision provision numbers 4, 5, and 6 of the parties' Agreement dated March 7, 2014.¹

FACTS

The parties were married on September 28, 1985.   There are no children issue of the marriage.   The parties resided in the marital home in Middletown until the plaintiff husband vacated the home in August 2010.   The parties have lived separately since that time.

The marital home was the subject of strict judgment foreclosure on July 6, 2010.   Although the home was foreclosed, the defendant wife continues to live there.   She has not been served with a notice to quit and therefore she pays no mortgage or rent.   Defendant wife also testified that she and the plaintiff were recently sued by the City of Middletown for failing to pay the municipal sewer and water bill since 2010 and failure to pay the municipal sanitation bill since 2011.²

The defendant is 55 years of age and was a state employee for 37 years.   She sustained an unspecified work-related injury and collected a lump sum workers' compensation award of approximately $22,000 in October 2011.   The award was never disclosed to her husband and she has not provided an accounting of how the money was spent.   She worked her entire career at Connecticut Valley Hospital.   She is retired and collects her pension of $47,000 per year.   Her net weekly income is $622 per week.

The plaintiff husband is 67 years old and in poor health.   He has not worked since he was 59 years old due to his health issues.   Specifically, he testified that he had a disabling stroke, has cirrhosis of the liver, diabetes, and neuropathy.   He takes 18 prescription medications daily.   Prior to his disability he worked at several establishments but his longest period of employment was with Pratt & Whitney.   Plaintiff husband receives a pension from Pratt & Whitney in the amount of $50 weekly.   He receives a reduced benefit because he began collecting his pension at age 55 for reasons unrelated to his health.   He also collects social security in the amount of $389 per week.   His net weekly income is $410.

Mr. Robinson rents an efficiency apartment and pays $119 per week in rent.   He also pays $35 per week in prescription-related costs.   His only asset is a 1998 Lincoln Continental that he requires to transport him to numerous medical appointments.

Plaintiff husband obtained his medical insurance coverage through his wife.   After plaintiff husband left the marital home, the defendant, without the plaintiff's knowledge and consent, canceled his health insurance coverage on October 1, 2011.   Plaintiff continued to treat with his health care providers under the assumption he had medical insurance coverage.   He only became aware that he was uninsured after receiving collection notices from his health care providers.   He incurred $1,453 in expenses due to defendant's actions.   Mrs. Robinson's defense of her action was that she did not know the whereabouts of the plaintiff;  that she could not obtain his personal information;  and that she canceled his medical insurance due to his abandonment of her.

Sometime in 2008 the plaintiff received approximately $20,000 from “gambling wins.”   He testified that he shared his winnings with the defendant and the defendant agreed that he had.   An insufficient amount of federal and state taxes were paid on the winnings.   Although the defendant testified that her $3,388 tax refund was seized by the IRS, she produced no evidence of the same.   The current liability owed to the IRS is $2,695 and $2,166 to the Department of Revenue Services.

ORDERS

1. Dissolution

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

2. Birth Name

The defendant's birth name of Joyce Watson is hereby restored.

3. Alimony

The defendant shall pay alimony to the plaintiff in the amount of $125 per week.   Alimony shall be modifiable and shall terminate on the earliest of 12 years from the date hereof, the death of either party, the husband's remarriage or his co-habitation with an unrelated person pursuant to Gen.Stat. § 46b–86b.   The alimony is deductible by the wife for income tax purposes and includable in the husband's income for income tax purposes.

4. Property Division

The parties shall equally divide their personal property and each shall retain exclusive possession and title to such property free of any claim by the other party.   Each party shall also retain their motor vehicles, bank accounts and brokerage accounts listed on their respective financial affidavits free of any claim by the other party.

5. Retirement/Deferred Compensation

The parties shall retain their respective pension plans and any other retirement accounts as may be listed on their financial affidavits free and clear of any claim by the other party.

6. Medical Insurance

Each party shall be solely responsible for their medical insurance.

7. Liabilities

Each party shall be solely responsible for the debt listed on his/her financial affidavit and hold the other party harmless from any liability arising therefrom except as follows:

(a) The defendant wife shall pay to plaintiff the sum of $726.50 within 3 months from the date of judgment as her share of the medical expenses incurred by the plaintiff as a result of the unilateral termination of husband's medical coverage.

(b) The defendant wife shall pay $1,083 to the DRS representing one-half of the debt owing to the DRS. The defendant shall pay $1,347 representing one-half the debt owing to the IRS. Within 20 days of judgment, the defendant shall enter into a payment plan with the aforementioned entities relative to the amounts set forth herein and shall provide proof of the payment plan to the plaintiff within 25 days of judgment.

8. Each party shall be responsible for their own counsel fees.

SO ORDERED.

BY THE COURT,

Ficeto, J.

FOOTNOTES

FN1. The parties signed an Agreement dated March 7, 2014 in the hope of avoiding a trial..  FN1. The parties signed an Agreement dated March 7, 2014 in the hope of avoiding a trial.

FN2. The defendant provided plaintiff's counsel with a copy of the summons and complaint in that civil matter in court on March 7, 2014..  FN2. The defendant provided plaintiff's counsel with a copy of the summons and complaint in that civil matter in court on March 7, 2014.

Ficeto, Anna M., J.