SIDNEY AXELROD, Judge Trial Referee.
This is an action for a dissolution of marriage and other relief brought to the judicial district of Danbury. The court finds the following facts. The plaintiff and the defendant, whose birth name was Jesse Bey-Wagner, were married on July 3, 2000 at Danbury, Connecticut. The plaintiff has resided continuously in the state of Connecticut for at least twelve months immediately prior to the date the complaint was filed. The marriage between the parties has broken down irretrievably without any reasonable prospects of reconciliation. There are three minor children issue of this marriage: Kyle H. Kennedy, born September 18, 2000; Aidan J. Kennedy, born September 12, 2005; and Nathan K. Kennedy, born June 25, 2007. No other children have been born to the defendant wife since the date of marriage of the parties. The parties have not received state assistance.
The plaintiff is 34 years old.
The plaintiff has gross weekly income of $1,176.28 less deductions. The defendant has gross weekly income of $745.95 less deductions. Her health insurance is better than the plaintiff's health insurance and costs her $67.78 weekly. The plaintiff has liabilities totaling $54,481.05 which includes one liability to his parents of $32,000 plus an additional liability of $1,800.
There may be some other liabilities to his parents including a $4,000 liability arising out of a daycare payment by his parents. The plaintiff's liabilities also include a debt to Dental Associates in the approximate amount of $3,422.50 which is also shown by the defendant as her liability. The defendant has liabilities totaling $34,186.81. The $32,000 liability to the plaintiff's parents is shown on a promissory note dated July 26, 2008 executed by both the plaintiff and the defendant. The plaintiff owns a 2002 Ford Explorer with a value of $4,400 and a loan balance just under $8,000. The parties have a leased 2007 Dodge Caravan. The loan balance to Capital One on the Ford was co-signed CT Page 10632 by both the plaintiff and the defendant. The parties have one joint checking account with People's with a deficit credit line of $567 and a second credit line with a deficit of $1,015. The plaintiff also has an individual checking account with People's with a balance of $321. He has a 401k plan with a balance of $1,470 and a loan of $1,114.14. He also has an ESOP with a value of $5,981.46 of which $2,203.67 is vested. He has life insurance through work of $120,000. The defendant has $27 in her individual People's checking account.
This court has considered the provisions of § 46b-82 regarding the issue of alimony, and has considered the provisions of § 46b-81(c) regarding the issue of property division, and has considered the provisions of § 46b-62 regarding the issue of attorneys fees, and has considered the provisions of § 46b-56 regarding the issue of custody and visitation, and has considered the provisions of § 46b-56(c) regarding the issue of educational support orders, and has considered the provisions of § 46b-84 as well as the child support guidelines regarding the issue of support. The court enters the following orders:
ORDERS A. BY WAY OF DISSOLUTION
1. The marriage between the parties is dissolved and each party is declared to be single and unmarried.
B. BY WAY OF SUPPORT
1. The court orders that the plaintiff pay to the defendant support in the amount of $90 per week.
2. The obligation to support each minor child terminates upon:
(a) Each child attains the age of eighteen or nineteen (19) years of age if the child is attending high school;
(b) The death of the child;
(c) The marriage of the child; or
(d) The death of either parent, whichever event first occurs.
Even if any or all events listed above occur, any child support CT Page 10633 arrearage shall be paid in full.
3. Each party shall hereafter be responsible for the costs of their own health insurance and unreimbursed medical expenses.
4. Each party shall keep in place the existing amounts of life insurance coverage as reflected on their respective financial affidavits, naming the children as sole beneficiaries of same until the youngest child reaches age 23.
5. The plaintiff shall upon written request provide the defendant, on an annual basis or upon exigent circumstances prior thereto, to obtain information from his respective insurance carriers pertaining to the required insurance under this judgment.
6. The defendant shall upon written request provide the plaintiff, on an annual basis or upon exigent circumstances prior thereto, to obtain information from her respective insurance carriers pertaining to the required insurance under this judgment.
7. Moreover, this judgment shall constitute full and unqualified authorization to each party to obtain any information directly from the other party's life insurance carrier(s) pertaining to the policies referred to herein.
C. BY WAY OF CUSTODY AND VISITATION
1. One of the primary disputes between the parties has to do with the issue of custody and visitation.
2. The children shall be with each parent from Friday at 7 p.m. to Friday at 7 p.m. with the Friday-to-Friday schedule commencing with the defendant on the second Friday following the date this decision is filed. During the week that the children are with the defendant, the plaintiff shall have visitation with them on Wednesday from 5 p.m. to 8 p.m. During the week the children are with the plaintiff, the defendant shall have visitation with them on Tuesday from 5 p.m. to 8 p.m.
3. The parties shall continue having a full and active role in providing a sound moral, social, economic and educational environment for the children. The parents shall consult with one another on those substantial questions relating to religious upbringing, educational programs, and non-emergency health care of the child. In ordering the broad grant of privileges conferred by this shared custodial arrangement, the parties shall not exercise these privileges for the CT Page 10634 purpose of frustrating, denying or controlling in any manner the lifestyle of the other parent. The parties shall exert their best efforts to work cooperatively in developing future plans consistent with the best interest of the children and in amicably resolving such disputes as they may arise.
4. The parents shall endeavor to cooperate and establish a mutually agreeable policy regarding such day-to-day decisions, but the primary responsibility for the routine decisions shall rest with the parent with whom the children are then staying.
5. Each parent shall be entitled to all information from any physician, dentist, consultant or specialist attending the children and be furnished with copies of all reports given by such people. Each parent shall be entitled to all information from any teacher or school giving instruction to the children and to be furnished with copies of all reports by such teacher or school. The parties shall furnish each other with any authorization necessary so that each may have full access to such information, if any.
6. The parent who has the children prior to the transfer of parenting time shall be responsible to deliver the children to the residence of the other at the designated time for such transfer.
7. Each parent is responsible to inquire and ensure that during their parenting time the children are current with their school work including progression on multiple day projects, reports, and/or summer assignments.
8. The parties may, by mutual agreement, adjust this schedule to their mutual satisfaction. Neither party may adjust the dates or times for parenting without the express written approval of the other parent.
9. Each parent will permit and encourage the minor children to call the other parent during their parenting time. Each parent also has the right to call the children when they are in the care of the other.
10. HOLIDAY TIME
Holiday time with the minor children shall be as follows. This holiday schedule shall take precedence over the regular parenting time schedules listed above. It is further agreed that the parties may adjust this schedule when it is mutually agreed upon. If no adjustment can be agreed upon by the parties, then the following schedule will take precedence.
CT Page 10635
(a) On Father's Day, the children shall be with the father from 10 a.m. until 9 a.m. the following morning when the regular weekly schedule shall recommence.
(b) On Mother's Day, the children shall be with the mother from 10 a.m. until 9 a.m. the following morning when the regular weekly schedule shall recommence.
(c) On Thanksgiving Day, the mother shall have the children on even numbered years as an extension of her regular parenting time on Wednesdays and Thursdays. On odd numbered years, the children shall be with the father. The mother shall drop off the children at 7 p.m. the night prior to Thanksgiving and he shall care for the children throughout the day until 7 p.m. on Thanksgiving, if the mother's weekend follows Thanksgiving. If the mother's weekend does not follow Thanksgiving, then the father shall have the children with him until the commencement of his weekend parenting time.
(d) On Christmas Eve, the children shall be with the mother in even numbered calendar years from 9 a.m. until 10 p.m. that day when the children shall be delivered to the father's home and they shall remain in his care until 9:30 a.m., December 26th, when the regular parenting schedule shall recommence. On odd numbered calendar years, the children shall be with the father from 9 a.m. Christmas Eve until 10 p.m. when the children shall be delivered to the mother's home and they shall remain in her care until 9:30a.m., December 26th, when the regular parenting schedule shall recommence.
(e) On New Year's Eve, the father shall have the children on odd numbered years starting at 7 p.m. (if he does not already have the children due to the regular schedule) until 10 a.m. the next morning when the children shall be delivered to the parent who would normally enjoy parenting time on this day. On even numbered years starting at 7 p.m. the mother shall have the children (if she does not already have the children due to the regular schedule) from 7 p.m. until 10 a.m. the next morning when the children are to be delivered to/kept by, the parent who would CT Page 10636 normally enjoy parenting time on this day.
(f) On Easter, the father shall have the children on even numbered years from Saturday at 7 p.m. until the Monday morning following Easter Sunday at 9 a.m. when the regular parenting time schedule shall recommence. On odd numbered years, the mother shall have the children from Saturday at 7 p.m. until the Monday morning following Easter Sunday at 9 a.m. when the regular parenting time schedule shall recommence.
(g) On the children's birthdays, each parent shall be entitled to spend an equal amount of non-school/non-sleeping time with all children.
(h) On all other holidays not mentioned in this judgment, the parties will mutually strive to create a working schedule on a verbal basis. If no agreement can be reached, the regular schedule will prevail on these days.
(i) The court orders that the parties may relocate up to fifteen miles from Danbury but not out of the state of Connecticut, with ninety days advance written notice and either a written agreement or court permission before actually relocating. So, the burden is on the relocating party to seek the permission of the court if the other side will not sign in writing.
11. VACATION TIME
Each parent shall have the right to take up to three weeks of vacation during their summer parenting time as long as no vacation is longer than two consecutive weeks without prior written agreement from the other parent. Each parent shall provide at least 30 days written advance notice to the other that they will be taking vacation time with the children and they will provide a travel itinerary to the other of flight/train numbers, contact telephone numbers, and the address where the vacation shall take place at least seven-two (72) hours prior to the commencement of the vacation. No vacation day may encompass the holiday time of the other parent as set forth in this judgment without prior written agreement.
12. The defendant shall claim the parties' eldest son as her dependent for federal and state income tax purposes each year. The plaintiff shall CT Page 10637 claim the parties' youngest son as his dependent for federal and state income tax purposes each year. The parties shall alternate the right to claim their daughter for federal and state income tax purposes as long as there is an odd number of children eligible for such deductions with the defendant claiming the daughter for tax purposes in odd numbered tax years and the plaintiff claiming the daughter for tax purposes in even numbered tax years. When one son is no longer eligible to be claimed for federal and state income tax purposes, then the parent who claimed the no longer eligible son shall claim the daughter each year that there are two children eligible to be claimed for federal and state tax purposes. When only one child may be claimed as dependent for federal and state income tax purposes, then the parties shall alternate same with the defendant claiming the first such year.
13. The plaintiff is ordered to continue his therapy treatments until further order of the court.
D. BY WAY OF HEALTH INSURANCE
1. The defendant is to maintain health insurance for the minor children. Any unreimbursed medical, dental, optical, orthodontic, psychological and/or prescription drug expenses incurred on behalf of the minor children shall be divided as follows: Each party is to pay 50 percent of unreimbursed medical and qualifying daycare cost.
E. BY WAY OF EDUCATIONAL SUPPORT ORDERS
1. The court retains jurisdiction to enter an educational support order.
F. BY WAY OF PROPERTY ORDERS
1. Subject to the provisions of this judgment, the defendant represents that she has not incurred, nor will she at any time in the future incur, any debt for which the plaintiff, his legal representatives, or his property is now or may become liable, and the defendant further covenants at all times to keep the plaintiff free, harmless, and indemnified from any and all debts heretofore or hereafter contracted by her.
2. Subject to the provisions of this judgment, the plaintiff represents that he has not incurred, nor will he at any time in the future incur, any debt for which the defendant, her legal representatives, or her property is now or may become liable, and the plaintiff further covenants to keep the defendant free, harmless, and indemnified from any and all debts heretofore or hereafter contracted by him. CT Page 10638
3. Each party shall pay their debts as listed on their financial affidavits, and shall hold the other party harmless and indemnified therefrom, except as stated to the contrary in this judgment. Each party shall have the right to file bankruptcy regarding all debts.
4. All joint credit cards, if any, will be closed by the parties.
5. The substantial debt owed by the parties to the plaintiff's parents shall become the sole obligation of the plaintiff and he shall indemnify and hold the defendant harmless from said debt.
6. The $3,300 bill for dental work shall be the sole responsibility of the defendant and she shall indemnify and hold the plaintiff harmless from said debt.
7. The plaintiff is to hold the defendant harmless on the Ford loan to Capital One.
8. Each party is responsible for one-half of any damages to the leased automobile.
9. The husband shall be entitled to continue on the lease at the former marital residence and he shall hold the wife harmless in regard to this obligation. The defendant is to receive $1,800 of the security deposit of $3,600 upon termination of the lease.
10. All furniture and furnishings in the possession of the plaintiff are awarded to the plaintiff, and all furniture and the furnishings in the possession of the defendant are awarded to the defendant.
11. The plaintiff is to pay to the defendant $2,000 within thirty days from the date this decision is filed.
12. There is a liability of approximately $6,000 owed for daycare expenses that is not shown on the affidavit of either party. Each party is responsible for one-half of that liability.
G. BY WAY OF TAXES
1. Each party hereby warrants and represents to the other party that to the best of his/her knowledge and belief, all federal, state, and local income taxes on all joint returns heretofore filed by the parties have been paid, and that no interest or penalty is due with respect thereto, and that no tax deficiency proceeding is pending or threatened thereon CT Page 10639 other than the tax levy and penalties which may exist per prior assessments.
2. If, in connection with any joint federal, state or local income tax returns filed by the plaintiff and defendant there is a deficiency assessment, the party who receives notice thereof shall notify the other party in writing and provide copies of such deficiency assessment and all documents in connection therewith forthwith. The amount ultimately determined to be due thereon, including penalties, interest, or other charges, shall be paid by the party who has caused such obligations as a result of the failure or neglect to disclose any of his/her income or incorrect statement of expenses or deductions associated with his/her business or otherwise which should have been included on such returns. The party who is responsible for such additional obligations shall indemnify and hold the other party harmless against any such assessment, penalty, attorneys fees or interest.
3. The parties acknowledge that they each have the right to contest the assessment imposed by the Internal Revenue Service, if any, in connection with any deficiency assessment related to their joint income tax returns. Each party shall pay all of their own accountant fees, attorneys fees and costs actually incurred in relation to such contest (hereinafter all of said fees and costs are referred to as the "Professional Fees"). Provided, however, that if despite such contest any deficiency assessment including penalties, interest or other charges remain imposed by the IRS, the party who is the cause of such obligations shall pay the professional fees incurred by the other party in connection with such contest. Provided further, however, if it is determined that both parties have caused a portion of such deficiency assessment, including penalties, interest or other charges, then a computation shall be made as to the percentage of responsibility to the IRS by each party. The party who is more responsible for such obligations owed to the IRS shall pay the other party's professional fees in connection with such contest in the same percentage as the more liable party's percentage of liability. Each party shall pay the obligations to the Internal Revenue Service in connection with such deficiency assessment in the same proportion as their percentage of responsibility.
If a tax lien shall be filed against any of the real or personal property of the other party, not caused by the non-payment of the amount owed by said property owner, the other party shall forthwith furnish a surety bond issued by a licensed insurance company in a principal sum sufficient to release said lien.
H. BY WAY OF ALIMONY CT Page 10640
1. No alimony is awarded in favor of either party.
I. MISCELLANEOUS
1. The parties are to exchange copies of their federal and state income tax returns for each calendar year in which there is an outstanding support order and/or an outstanding educational support order.
2. Any funds withdrawn by either party from bank accounts for the benefit of the children are to be returned by that party to such bank accounts within six months from today's date.
3. An immediate wage execution is ordered.
CT Page 10641