Ralph E. Lechausse v. Anna M. Lechausse (2015)

MEMORANDUM OF DECISION

The plaintiff filed a Motion for Dissolution of Marriage After Decree of Legal Separation dated May 7, 2015 and filed on May 20, 2015 seeking a dissolution of marriage and other relief.

The court held an evidentiary hearing on October 22, 2015 on said motion.  The parties were present during the hearing.  The plaintiff was represented by an attorney.  The defendant was self-represented.  An exhibit was introduced by the plaintiff.  Testimony was received from the plaintiff and the defendant.  Both parties submitted financial affidavits.

From the testimony and evidence produced at the hearing and after assessing the credibility of the witnesses, the court finds the following facts to have been proven.

The parties were married on June 20, 1984 in Bethesda, Maryland.  The plaintiff and the defendant have two children, issue of the marriage, both of whom are over the age of twenty-three years of age.  No other children were born to the defendant wife since the date of the marriage.  Both the plaintiff and the defendant have resided in this state for more than one year prior to the filing of the complaint.  The court finds that it has jurisdiction over the parties and the marriage.

On June 7, 2013, a Judgment of Legal Separation of Marriage was entered by this court.  As part of the Judgment, the court incorporated a written agreement of the parties dated June 7, 2013 which the court found to be fair and equitable.

As part that Judgment, the court entered orders in relevant part in regard to debts, and alimony as follows:

“8. Debts

Each party will be responsible for any debts in their own name and listed on their respective Financial Affidavits and shall indemnify and hold the other party harmless thereon, except the plaintiff shall be responsible for any debts owed to the State of Connecticut for taxes incurred by Granddaddy's Smokehouse and BBQ, LLC and any other debts associate with said business, including the debt owed to the Putnam Redevelopment Agency.  The plaintiff shall indemnify and hold the defendant harmless regarding any debt associated with said business.”

“11. Alimony

a. The plaintiff shall pay the defendant periodic alimony in the amount of $500.00 per month from July 1, 2013 through June 30, 2016 and $1,200.00 per month from July 1, 2016, through June 30, 2027.  Said alimony shall be paid by contingent income withholding by the 15th of each month.  Said alimony shall terminate upon the death of either party or the remarriage of the defendant.  Said alimony order is non-modifiable as to term and amount until July 1, 2018, at which time alimony may be modifiable as to term and amount.”

At the hearing of October 22, 2015, the plaintiff also filed a Declaration Regarding Marital Relations in which he stated under oath that since the date of the Legal Separation on June 7, 2013, the parties have not resumed marital relations.

Additionally, at the start of the hearing of October 22, 2015, the parties presented a Separation Agreement dated October 22, 2015 regarding among other matters, personal property, motor vehicles, health insurance, bank accounts, retirement accounts/401k accounts and bankruptcy.  The court finds said agreement to be fair and equitable and incorporates said agreement in the judgment of this court.

The parties were married on June 10, 1984.  The husband left the marital home in January 2012.  The parties' legal separation was granted on June 7, 2013.

The plaintiff is 58 years old.  At the time of the legal separation being granted, the plaintiff was employed as a direct care-giver for individuals with special needs.  He was scheduled to work at least 24 hours a week but often worked many more hours on a weekly basis.  Since that time, his medical condition has deteriorated.  He suffers numerous medical problems including very serious heart problems that are able to be corrected absent a heart transplant which is estimated to be five to seven years in the future.  The plaintiff is actively receiving medical care through the Veterans Administration.  As a result of his condition, he had to terminate his employment in August of this year.  He is unable to work as a result of his severe medical condition.

At the present time he is receiving $676.00 a week in Veteran's Benefits which is approximately $35,000.00 per year in income.  In addition, in July 2015, he has applied to the Social Security Administration for Disability Insurance Benefits but still has not received a decision on his application.  In addition, his financial affidavit submitted to the court at the hearing of October 22, 2015 reveals that he owes approximately $44,000.00 in unsecured debts with another $5000.00 owed on a motor vehicle.  He does not own any significant assets.  At the time of his legal separation, he was not only receiving Veteran's Benefits of $669.00 a week but also receiving income of approximately $331.03 gross and net of $260.87 a week.

The plaintiff acknowledges that he contributed to the breakdown of the marriage but also believes that the defendant also contributed to the marriage's demise.

The defendant is 58 years old.  Her financial affidavit filed with the court and her testimony reveals that she receives $152.16 a week in disability payments in addition to the $115.38 in alimony she receives from the plaintiff.  She has minimal debts and is able to meet her bills only by living with her daughter.  She also has chronic medical problems since approximately 1989 that have negatively impacted her life and will continue to do so for her lifetime.  As a result of her medical condition, her employment opportunities are limited.  She has not sought employment since the date of the legal separation.  In addition, she has had been treated for cancer in the past.  She is receiving social security disability benefits.  The defendant does not own a motor vehicle.  She takes care of her grandchild while living at her daughter's home.

At the approximate time the decree of legal separation was entered, the defendant's financial affidavit revealed that aside from the alimony she was receiving from the plaintiff, she received $147.66 for disability payments and $22.38 from Medicare.

The defendant stated that during the marriage she was very caring and supportive of her husband.  However, he subjected her to disrespect, physical and emotional abuse.  He also used illegal drugs, had relationships with women, lied to her and misappropriate some of her money she received from the government.  She testified that her husband did not willingly involve her in the restaurant business that he operated.  He was primarily involved in operating of the business and its finances.

The defendant testified that she is unable to live independently of her daughter as her finances will not allow her to do so.  The defendant testified that she relies on the alimony to meet her financial needs.

The court must find that the orders entered at the time of the legal separation are still fair and equitable at the time of the dissolution of marriage.  Szot v. Szot, 41 Conn.App. 238 (1996);  Mignosa v. Mignosa, 250 Conn.App. 21, 215–16 (1991).

The court finds that the orders previously entered by the court at the time of legal separation are no longer fair and equitable at the present time.

The court finds that the financial position of both parties has deteriorated since the date of the legal separation finding a substantial change of circumstances of the parties.  The plaintiff's health has declined dramatically and his ability to earn an income has been severely diminished.  The defendant also has health problems, many of which have been longstanding and impacts her ability to work.  She does not have a paying job but does child care for her grandchild.  Neither party has any significant assets and both are in a very precarious financial situation.  However, the plaintiff has substantially more income than the defendant and based upon the facts of this case as applied to the law, a continued modified award of alimony is appropriate in this case and the orders entered herein are reflective of that conclusion.

Accordingly, the court hereby enters the following orders.

1. The court finds that since the date of the Judgment of Legal Separation of June 7, 2013, the parties have not resumed marital relations.  Pursuant to Connecticut General Statute Section 46b–65, and as such the Motion For Dissolution of Marriage After Decree of Legal Separation is granted.  The court enters a decree dissolving the marriage of the parties on the grounds of an irretrievable breakdown.

2. The court has reviewed the separation agreement of the parties dated October 22, 2015 attached hereto and incorporates said agreement by reference into this judgment.

3. The Plaintiff and the defendant shall each retain any and all Social Security benefits, disability payments or Veterans Benefits, including any retroactive benefits they are receiving or may be entitled to with no claim by the other party to said benefits.

4. No alimony is awarded to the plaintiff.

5. The plaintiff shall pay periodic alimony to the defendant in the amount of $500.00 per month through June 30, 2025.  Said alimony made be modifiable as to both term and amount.  The alimony shall be paid by contingent income withholding by the 15th day of each month.  The alimony shall also terminate upon the death of either party or the remarriage of the defendant.

6. Each party shall notify the other of any change in their income, including any social security, disability benefits or veteran's benefits that may receive.

7. Each party shall be responsible for any debts in their own name and listed on their respective financial affidavits and shall indemnify and hold the other party harmless thereon except, the plaintiff shall be solely responsible for any debts owed to the State of Connecticut for taxes incurred by Granddaddy's Smokehouse and BBQ, LLC and any other debts associated with said business, including the debt owed, if any to the Putnam Redevelopment Agency.  The plaintiff shall indemnify and hold the defendant harmless regarding any debt associated with said business.

Graziani, Judge of the Superior Court

SEPARATION AGREEMENT

RECITALS

1. This Agreement is made this 22nd day of October 2015, by and between Ralph E. Lechausse of Danielson, Connecticut, (hereinafter referred to as “plaintiff”) and Anna M. Lechausse of Pomfret, Connecticut (hereinafter referred to “defendant”).

2. The parties to this Agreement intermarried on June 20, 1984, at Bethesda, Maryland.  Two children have been born issue of the marriage, but are over the age of twenty-three (23).  As a result of differences between them, the parties separated and they continue to live separate and apart.  The parties have concluded that their differences are such that they should make a legal division of their property and obligations and obtain a dissolution of their marriage.

3. The plaintiff has instituted a dissolution action which is presently pending in the Superior Court for the Judicial District of Windham bearing Docket No:  FA–12–4013497–S.  In consideration of the mutual promises in this agreement and other good and valuable consideration, the parties agree as follows.

AGREEMENTS

1. Purpose of the Agreement

This agreement has been entered into by the parties for the purpose of settling all claims and demands which each may have against the other including maintenance, the settlement of property rights, and a determination of other rights and obligations arising from the marriage relationship.

2. Relationship to Court Action

This agreement shall be fully disclosed to the court as to the issue of a dissolution of the marriage of the parties.  At the time of any final hearing in a dissolution action, neither party will request of the court any provision contrary to this agreement.  The parties shall recommend to the court that this agreement become part of the court file.  The parties agree that they will abide by and be bound by the provisions of this agreement, whether or not incorporated into any such decree.  Notwithstanding such incorporation, this agreement shall not be merged in such decree but shall survive the same and be binding and conclusive on the parties for all times.

3. Privacy

The parties intend to continue to live separate and apart from each other for the rest of their lives.  Each party may reside at such place or places as he or she may select.  Each party hereafter shall be free from all interference, authority and control by the other party, as if each were unmarried.

4. Stipulation

The parties stipulate that the marriage of the parties has irretrievably broken down and there is no prospect of reconciliation.

5. Personal Property

The parties have divided their personal property to their mutual satisfaction.

6. Motor Vehicles

a. The plaintiff shall retain the 2006 Mazda Tribute and shall be responsible for any loans, taxes and insurance on said vehicle and shall indemnify and hold the defendant harmless thereon.

b. The parties shall cooperate to effectuate the terms of this paragraph, including the transfer of titles, if necessary.

7. Health Insurance

Effective upon the date of dissolution, each party shall be responsible to maintain their own health insurance at their own expense.

8. Debts

To be determined by Court.

9. Bank Accounts

Each party shall retain any bank accounts in their own name with no claim by the other party.

10. Retirement Accounts/401k Accounts

Neither party has any retirement assets at this time.

11. Alimony

a. To be determined by Court.

b. The plaintiff waives alimony and understands if he waives alimony today, he cannot come back to this or any other court to claim alimony in the future.

12. (Removed)

13. Bankruptcy

The parties recognize and agree that this Agreement has been negotiated in its entirety and the provisions relating to alimony (or the waiver thereof), the transfer of assets and apportionment of certain obligations are all interrelated with the goal of arriving at an equitable level of support and/or distribution of assets.  Accordingly, it is hereby expressly agreed that, notwithstanding the labels of any particular paragraph hereof, all of the obligations created by this Agreement are in the nature of support and therefore shall not be dischargeable by either party in the event of a bankruptcy filing.

14. Document Execution

Each party shall promptly and without charge execute and deliver to the parties such other papers, documents and instruments as may be reasonably necessary to carry out the orders of the court.

15. Full Disclosure

Both parties affirm that they have, in negotiating this agreement, fully disclosed to the other all their respective incomes, assets, debts and liabilities.

16. Legal Representation

a. The Plaintiff in this matter is represented by counsel and the Defendant in this matter is self-represented, although the Defendant has had the opportunity to obtain counsel.  In reaching this Agreement, they have relied upon the sworn financial affidavits exchanged pursuant to Practice Book requirements, and each has fully disclosed all material financial circumstances to the other knowing that the other is relying upon honest disclosure.  Each party believes that this agreement is, under all the circumstances of their marriage, fair and equitable to each.

b. At this time, in consideration of the mutual promises contained herein, each party releases the other from any and all claims that might have arisen prior to today's date, whether in contract, tort, or otherwise, and each further stipulates that any prospective claims he or she may assert against the other shall be solely those created by this agreement or by the court decree they anticipate will be entered on this Agreement.

17. Severability

It is understood and agreed that the provisions of each article in this agreement are independent covenants and agreements, and should any part or provision of this agreement be breached or waived by any party or held to be invalid, the remainder of this agreement shall nevertheless be deemed valid and binding upon the parties hereto.

18. (Removed)

19. Binding Effect

Except as otherwise provided, all of the covenants, promises, stipulations agreements and provisions contained herein shall apply to, bind and be obligatory upon the heirs, executors, administrators, personal representatives and assigns of the parties hereto, whether so expressed or not.

20. Modification or Waiver

A modification or waiver of any provision of this agreement shall be effective only if made in writing and executed with the same formality as this agreement.  The failure of either party to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any subsequent default of a similar nature.  Each party shall promptly and without charge execute and deliver to the other party such papers, documents and instruments as may be necessary to carry out the provisions, purposes and intent of this agreement.

21. Agreement Fair and Voluntary

Both parties acknowledge that this agreement is fair and equitable and that they each have entered into the same freely and voluntarily.

22. Governing Law

All questions as to the validity, construction of effect of any provision of this agreement as a whole, shall be determined with reference to and in accordance with the laws of the State of Connecticut.

Plaintiff, Ralph E. Lechausse

Defendant, Anna M. Lechausse

Graziani, Edward C., J.