Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Annemarie Eastling v. Darel Eastling
MEMORANDUM OF DECISION
This action seeks the dissolution of the parties' two and one-half year marriage. The action was commenced by a complaint dated January 16, 2013 which was returnable to the court on February 12, 2013.
Both parties appeared at trial on February 10, 2014. Both parties were represented by counsel. The court heard testimony from the guardian ad litem (GAL) for the minor children, Attorney Robert Zaslow, and from the parties. The court received into evidence two exhibits. The court considered all of the evidence presented, applicable common and statutory law, including without limitation, General Statutes §§ 46b–56, 46b–56a, 46b–56c, 46b–81, 46b–82, 46b–84, and 46b–215a, and the provisions. The plaintiff presented to the court a Connecticut Child Support Guidelines' Worksheet.
There having been a contested hearing at which the financial orders were in dispute, the financial affidavits of the parties are hereby unsealed per P.B. § 25–59A(h).
FINDINGS OF FACT
The court makes the following findings of fact. All factual findings made herein have been made by a fair preponderance of the evidence unless otherwise set forth herein.
The parties were married in Simsbury, Connecticut on June 26, 2011.
One child was born during the term of marriage: Caleb Eastling (d/o/b September 30, 2011). The parties agreed during the trial to share joint legal custody of the child.
The defendant has another child, Chad, for whom he is court ordered to pay child support. The defendant has shared physical custody of Chad and the days of the week that Caleb spends with the defendant under the parties' pendente lite agreement correspond, for the most part, with the dates that Chad spends with the defendant.
The parties executed a Prenuptial Agreement dated June 2011 (and executed by the parties on June 17, 2011). The plaintiff introduced the same as an exhibit. The plaintiff did not, pursuant to Practice Book § 25–2A, include as a demand in her prayer for relief the enforcement of the parties ante-nuptial agreement. The defendant husband did not file a cross complaint seeking enforcement. The court finds the parties' proposed orders submitted at trial are in accord with the terms of the ante-nuptial agreement. The parties acknowledged that there are no assets or debts to be divided (except as set forth below with regard to some of the furniture of the minor child) and that neither is seeking alimony.
The plaintiff works at Mass Mutual as a systems analyst. Her weekly gross income is $1,002 and her net (for purposes of determining child support) is $725. The defendant works at Prudential Financial and has a gross weekly income of $2,307 and a net (for purposes of determining child support) of $1,479.
The plaintiff received a bonus of approximately $4,500, gross, for the 2013 calendar year and she received a bonus in 2012 of a lesser amount—she testified it may have been $4,000 gross. The defendant did not receive a bonus in 2013. The terms of his employment do not specify a bonus as being a certain part of his compensation.
The plaintiff has filed her 2013 income tax returns and claimed the minor child as an exemption.
The minor child is two and one-half years old and is not anticipated to attend full-time school until September 2016. At this time the plaintiff presently resides in Windsor, Connecticut with her parents, but she is planning on moving. The defendant currently resides in Simsbury, Connecticut.
The preliminary matter in dispute at the trial was the parenting time of the minor child and issues surrounding the same. The plaintiff also seeks to have some of the minor child's furniture distributed to her.
The plaintiff testified that she suffered emotional and physical abuse by the defendant. The defendant denies the same. The parties tried counseling, but it was to no avail. The court does not attribute greater fault to either party.
ADDITIONAL FINDINGS AND ORDERS
The court makes the additional findings and enters the following orders:
A. Jurisdiction
The court has jurisdiction in this matter which has been pending for more than ninety days. The plaintiff lived in the State of Connecticut for more than one year prior to the institution of the action.
The marriage has broken down irretrievably.
The court finds the allegations of the complaint have been proven and are true.
The State of Connecticut has not contributed to the support of the parties.
B. Dissolution
The marriage of the parties is hereby dissolved, and they are each hereby declared to be single and unmarried.
C. Custody and Parenting
The plaintiff is referred to herein as the Mother and the defendant as the Father.
1. The parties shall have joint legal custody of the minor child, Caleb.
2. Both parties are to provide a sound moral, social, economic, and educational environment for the minor child. The parties shall exert their best efforts to work cooperatively in developing future plans consistent with the best interests of the child in amicably resolving such disputes as may arise.
3. It is understood and acknowledged that all of the child's activities shall be discussed between the parties well in advance before he is signed up for any activity.
4. If either party has knowledge of an accident or illness or other circumstance that seriously affects the health or welfare of said child, the Father or Mother, as the case may be, shall promptly notify the other, and both parents shall have unlimited access privileges, consistent with the circumstances, for as long as the situation continues. On matters of importance relating to the child's health and education, the parties shall confer with each other with a view to adopting and following a harmonious policy. Both parents shall have access to all school and medical records of the child and no third party shall deny either parent access to said records as a result of the parenting plan agreement between the parties.
5. Both parents shall in the utmost good faith encourage and foster love, affection, and respect between the minor child and the other parent. Neither parent shall, in any way, impede, obstruct, or otherwise interfere with the other parent's right of companionship with the minor child. Neither parent shall engage in making disparaging remarks or criticize the other parent, nor allow anybody else to do so in the presence of the child. Neither parent shall act in a manner that undermines the role of the other parent.
6. Parenting Plan. Until further order of the court, the parties shall enjoy a 5–2–2–5 parenting plan, as follows:
(a) Mother has Mondays and Tuesdays.
(b) Father has Wednesdays and Thursdays.
(c) Parties to alternate weekends, Friday to Monday morning. Pickups and drop-offs are anticipated to occur at/from daycare. Currently, the “daycare” is provided by a licensed facility and maternal grandparents. Both parties may change the day-care utilized provided they give notice to the other of the change.
(d) The following is the present parenting schedule (on a two week basis):
(i) The Father will drop off the child at daycare Monday morning after having the child for the weekend;
(ii) Mother to pick up the child from daycare Monday afternoon, and have the child until drop off at daycare on Wednesday;
(iii) Father to pick up the child from daycare on Wednesday afternoon and have the child until drop off at daycare on Friday morning;
(iv) Mother to pick up the child from daycare Friday afternoon and have the child until drop off at daycare the following Wednesday morning;
(v) Father to pick up the child Wednesday afternoon and have the child until drop-at daycare Monday morning.
(e) If/when daycare is not available on a given day that the minor child was to transition from one home to another (Monday, Wednesdays, Fridays) then the transition shall take place at 5 p.m. on that day.
(f) The party who is to begin his/her parenting time shall drive to pick up the child from the other party's residence and/or from daycare.
7. Holidays
(a) For the Christmas holiday, the following shall apply:
(i) In even numbered years Father shall have the child from Christmas Eve Day at 9 a.m. until Christmas Day at noon. Mother shall have Christmas Eve Day at 9 a.m. until Christmas Day at noon in odd numbered years.
(ii) In even numbered years Mother shall have the child from Christmas Day at noon to December 26th at 5 p.m. Father shall have Christmas Day at noon until December 26111 at 5 p.m. in odd numbered years.
(b) Easter weekend (Good Friday from 9 a.m. until the following Monday morning) shall be divided such that:
(i) In even numbered years Mother shall have the child from Good Friday at 9 a.m. until Saturday at 8 p.m.
(ii) In odd numbered years Mother shall have the child from Saturday of Easter weekend at 8 p.m. until the start of the regular parenting schedule Monday morning.
(iii) Fathers time for Easter weekend shall be vice versa from Mothers schedule noted above.
(c) Father shall always have Memorial Day weekend. “Memorial Day weekend” shall be considered 9 a.m. on the Friday prior to Memorial Day until drop off at daycare the Tuesday after Memorial Day.
(d) Mother shall always have Labor Day weekend. “Labor Day weekend” shall be considered 9 a.m. on the Friday prior to Labor Day until drop off at daycare the Tuesday after Labor Day.
(e) Mother shall always have the child on Mother's Day (if Mother's Day does not fall on her weekend, then from 8 a.m. on Mother's Day and then overnight. The regular parenting schedule to occur thereafter).
(f) Father shall always have Father's Day (if Father's Day does not fall on his weekend, then from 8 a.m. on Father's Day and overnight. The regular parenting schedule shall occur thereafter).
(g) ‘Thanksgiving” shall be considered the time from 9 a.m. on the Wednesday prior to Thanksgiving Day until drop off at daycare the Monday after Thanksgiving Day. The mid-point of “Thanksgiving” shall be considered Friday at 6 p.m.
(i) Mother shall have the first half of Thanksgiving (Wednesday from school to Friday at 6 p.m.) in even numbered years, and she shall have the second half of Thanksgiving (Friday at 6 p.m. to drop off at school Monday morning) in odd numbered years.
(ii) Father's Thanksgiving parenting time shall be vice versa of Mother's time, noted above.
(h) For single-day holidays noted herein, parenting time shall run from 8 a.m. to 7 p.m.
8. Summer Vacation
(a) Each party shall be entitled to have up to two (2) weeks or fourteen (14) days of vacation time with the minor child during summer vacation. Said weeks shall not be taken consecutively.
(b) Each party shall notify the other of the week(s) they intend to utilize on or by May 30th of each year. In the event of a conflict, the Mother shall have the first choice in even-numbered years and the Father in odd-numbered years.
(c) Any vacation taken by the parties with the minor child shall be prefaced by written notification to the other parent and an itinerary to include the date(s), times, places, and contact information where the child will be on vacation. Said notice shall be provided no less than two weeks prior to the vacation trip taking place.
(d) The parties shall make best efforts to utilize their weeks of vacation to coincide with their respective weekends of parenting time when they would otherwise have the child.
(e) Vacation times noted herein shall trump the routine parenting plan. Holiday times noted herein shall trump both vacation and the routine parenting pun.
9. Relocation
Neither party will relocate more than 20 miles from their current locations prior to written notice to the other parent. A parent must give the other parent 90 days notice of intention to relocate.
10. Miscellaneous Parenting Provisions
(a) The parties shall, at all times, provide the other parent with their current cell phone numbers and address.
(b) For special occasions the parties shall remain flexible to permit the minor child to have parenting time with the other parent when special and/or family functions arise (e.g., weddings, family reunions).
(i) The parent wishing to have the minor child on a time for a special occasion shall provide a minimum of thirty (30) days advance written notice.
(ii) The other party shall not unreasonably withhold permission for the child to attend such special occasion with the other parent.
(c) For family events that do not allow for significant prior notice (e.g., funerals), the parties shall communicate with one another and both shall seek to work in good faith to address requests for time for family functions.
(d) The parties shall remain flexible to accommodate different pick-up/drop-off times if circumstances warrant (e.g., work commitment arises, family gathering). This provision is not meant to compel either party to automatically accede to the other party's unreasonable whims, but provided that there is a bona fide reason to request an accommodation—coupled with timely notice—then there is an expectation of flexibility.
(e) It is understood and acknowledged that both parents may attend all of the child's extracurricular activities, educational performances, PPT meetings, parent-teacher conferences, etc.
(f) Any daycare facility in which the child is enrolled shall have at all times both parents' contact information.
11. Communication
(a) E–Mail.
(i) The parties shall give notice to the other of their existing email address and within 24 hours of any change of email address notice of such change. The parties shall e-mail each other at least once per week to relay any and all events, schedules, concerns, etc., regarding the minor child. The weekly e-mail shall include, at a minimum: (1) notable events from the week prior, if any; (2) anticipated events in the coming week (3) other events, schedules, concerns; and (4) any joint custody related questions regarding the child.
(ii) The parties shall have an affirmative duty to relay to the other parent, within twenty-four (24) hours, any and all notices, schedules, appointments that each receives from the child's school, doctors, counselors, and/or activities.
(iii) The parties shall check their e-mail, at a minimum, every other day. Both parents have the affirmative obligation to respond to any e-mail from the other parent within 24 hours after learning that an e-mail has been received (and each parent shall be deemed to have learned of an email having been received 48 hours after the email has been sent).
(iv) If/when there are agreements between the parents with regard to decisions regarding the child (course of medical treatment, extracurricular activities to be enrolled in, etc.) the parties shall confirm the same via e-mail to each other so that there is a confirmation of the agreement(s).
(b) Telephone.
(i) If there is an urgent matter that requires prompt reply or discussion, the parent aware of the matter must make attempts to reach the other parent via telephone.
(ii) Regardless of the means by which communication is given, it is presumed that all non-emergency joint custody decisions be fully discussed.
(c) Neither party shall use the communication regarding the child to be a forum for personal commentary.
(d) The communication called for herein shall always be conducted in a business-like manner.
D. Child Support
Based on the net income of the parties, the court finds the presumptive child support payable by the defendant to the plaintiff for the one minor child with the assumption of the plaintiff having primary residence of the child is $226 a week.
After considering the credible testimony and reviewing the financial affidavits, the earnings of the respective parties, and the deviation criteria set forth in Section 46b–215a–3(b)(6) of the Child Support and Arrearage Guidelines Regulations (the guidelines), the court finds the application of the guidelines would be inequitable or inappropriate due to the shared physical custody of the child and the court deviates from the presumptive amount and orders the defendant to pay $85 a week in child support to the plaintiff.
Based on the child support guideline worksheet, the weekly combined net income of the parties is $2,200. Based on the guidelines, for one child, the percentage applicable to the parties' combined net income for child support is 15.87%. Within 30 days after the exchange of tax information and earning statements as set forth below, the parties are ordered to calculate the difference between the amount of the net annual bonus, if any, received by the plaintiff and the defendant, by subtracting from the amount of the net annual bonus received by the defendant the amount of the net annual bonus received by the plaintiff. (The net annual bonus shall equal the gross amount, net of deductions allowable under the guidelines.) If the result is a positive number, then the defendant is ordered to pay to the plaintiff 10.63% of said difference.1 Said sum shall be paid within 15 days after the parties have made the foregoing calculation.
The parties shall each be responsible for the cost of providing child care for the child during their respective parenting time.
E. Post–Majority Education
The court finds as a matter of fact that it is more likely than not that the parents would have provided support to their children for higher education or private occupational school if the family had remained intact. Pursuant to the provisions of General Statutes § 46b–56c, the court reserves jurisdiction to determine educational support and each party reserves their respective right to file a future motion or petition for an educational support order.
F. Alimony
After consideration of applicable common and statutory law, no alimony is awarded to either party.
G. Medical Insurance
The defendant shall maintain, at his expense, medical and dental insurance coverage for the child so long as available to him for a reasonable cost and if it is not so available, then the plaintiff shall, at her expense, obtain and maintain medical and dental insurance for the child so long as available to her at a reasonable cost.
The parties shall maintain, at their own expense, medical insurance coverage for themselves.
The plaintiff and defendant shall be responsible for 50% of the amount of any unreimbursed medical, dental, optical, pharmaceutical, psychological, psychiatric, and orthodontic expenses, including any deductibles, for the minor children.
H. Life Insurance
To the extent available to each party at a reasonable cost, the plaintiff and the defendant shall each maintain life insurance in an amount of not less than $150,000, naming the minor child as an irrevocable beneficiary thereon, so long as the child is a full-time student or until such child reaches twenty-three years of age, whichever is first to occur, and naming the other party as the trustee of the insurance benefit for the child subject to probate court supervision.
The parties shall provide proof of insurance to the other party within 30 days of request.
I. Real and Personal Property
Subject to the terms of this order, each of the parties shall keep the assets listed on his/her respective financial affidavit and be responsible for the debts listed on the same. Each party shall indemnify and hold the other harmless with respect to any debt, or portion thereof, ordered to be paid.
To the extent the same remain in the marital home (at 11 Cedar Glen Road, West Simsbury, Connecticut), the following items shall remain the property of the plaintiff: her social security card and passport; her wedding dress; all of her clothing and shoes; and her other personal effects. The plaintiff shall retrieve the same from the home not later than April 30, 2014. The defendant shall not interfere with the removal of such property and he shall open the safe to permit the plaintiff to review the contents thereof for the sole purpose of determining if her social security card and passport are located therein.
The court further awards to the plaintiff the rocking chair/foot stool, crib, mattress, toddler rails and conversion to full bed slates for the crib for Caleb. The plaintiff shall remove the same not sooner than March 14, 2014 (to provide the defendant with an opportunity to obtain another bed for Caleb), but not later than April 30, 2014.
Except for the foregoing, the defendant shall retain the other furniture of Caleb's including the dresser/changing table.
J. Retirement Assets
Each party shall retain their own retirement assets.
K. Bank Accounts
The parties shall retain any bank account they may hold free and clear of any claim by the other party.
L. Income Tax Filings and Tax Exemptions
From and after January 2014 the parties shall alternate taking the minor child as an exemption on their tax returns. The plaintiff shall take the exemption in odd numbered years and the defendant shall do so in even numbered years.
To the extent necessary, for each tax year each parent shall deliver to the other a fully executed IRS form 8322 (or successor form therefore) allowing such parent to take the tax exemption for the applicable minor child, so long as the child remains as a qualifying child for tax purposes.
M. Tax Indemnification
Each of the parties will indemnify and hold the other harmless with respect to any deficiency found by reason of that parties' income or deductions.
N. Tax Information
For so long as the either party has an obligation to pay child support, the parties will annually exchange their W–2s, 1099s, K–1 and similar forms by February 15 each year and will provide each other with their income tax returns within five days of filing.
O. Fees and Costs
Each party shall be responsible for their respective attorneys fees, if any, and costs incurred in connection with this action. The parties shall pay in full their respective share, as previously ordered, of the fees and costs owed to Attorney Robert D. Zaslow, Guardian Ad Litem for the minor child. The balance of any fees owed to the Guardian Ad Litem for the minor child shall be paid on or before April 1, 2014.
P. Effectuation of the Orders
Each party is ordered to sign whatever documents are necessary, and as presented to them by the other party, to effectuate these orders within ten days of presentment.
Unless otherwise specifically set forth herein, these orders are effective immediately.
SO ORDERED.
BY THE COURT,
Olear, J.
FOOTNOTES
FN1. The court, having deviated from the presumptive child support amount by reason of the shared parenting, also deviates from the 15.87% of the presumptive amount of support. The defendant's share of the net income as set forth on the worksheet is 67%. 67% of 15.87% is 10.63%.For example, if the plaintiff's net bonus is $2,666 and the defendant's net bonus is $5,750 the difference is $3,084. The defendant shall pay 10.63% of the $3,084 or $327.83 to the plaintiff as additional child support.. FN1. The court, having deviated from the presumptive child support amount by reason of the shared parenting, also deviates from the 15.87% of the presumptive amount of support. The defendant's share of the net income as set forth on the worksheet is 67%. 67% of 15.87% is 10.63%.For example, if the plaintiff's net bonus is $2,666 and the defendant's net bonus is $5,750 the difference is $3,084. The defendant shall pay 10.63% of the $3,084 or $327.83 to the plaintiff as additional child support.
Olear, Leslie I., J.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: FA134066003S
Decided: February 24, 2014
Court: Superior Court of Connecticut.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
FindLaw for Legal Professionals
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)