[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MARKLE, J.
The Court (Markle, J.) after having heard testimony from the parties and after having carefully reviewed and weighed the evidence according to the standards of law, and after having scrutinized and evaluated the demeanor and credibility of the witnesses as well as having considered General Statute Section 46b-56, 46b-56a, 46b-62, 46b-66a, 46b-69b, 46b-8l and 46b-82 and the Child Support Guidelines enters the following orders:
[FINDINGS PLACED ON THE RECORD] ORDERS
1. The court finds that the marriage of the parties has broken down irretrievably and a judgment dissolving the marriage may enter.
2. CUSTODY: The parties shall have joint custody of the four minor children, pursuant to the agreement of the parties. The court further accepts the parenting plan presented to the court and hereby incorporates that plan by reference into the final decree.
3. CHILD SUPPORT: In accordance with the Child Support Guidelines, the husband shall pay the sum of $370.00 per week in child support. Commencing the week of June 28, 2010, at which time the eldest child will have reached the age of 18 and graduated from high school, the husband's child support obligation shall decrease to $337.00 per week. An immediate wage garnishment shall enter. Until the wage execution is effectuated, the husband shall pay the weekly child support payments directly to the wife.
4. MEDICAL INSURANCE: The husband shall maintain such medical and dental insurance coverage as is available through his employment, or at a reasonable cost, for the benefit of the minor children until each child attains the age of nineteen or graduates from high school under the provisions of General Statutes § 46b-84.
In accordance with the child support guidelines the husband shall pay CT Page 10257 51% of all medical, dental, orthodontic, prescriptive, psychiatric, psychological and other medically related expenses for the benefit of the minor children which are not reimbursed by insurance.
5. INCOME TAX DEDUCTIONS: The husband shall be entitled to claim the three eldest children and the defendant shall be entitled to claim the youngest child as dependants for tax exemptions and other tax reporting purposes.
6. POST-SECONDARY SUPPORT ORDERS: Pursuant to C.G.S. § 46b-56c this court retains jurisdiction over post-secondary educational support orders.
7. PERIODIC ALIMONY: The husband shall pay to the defendant periodic alimony in the amount of $300.00 (three hundred dollars) per week for a period of 10 (ten) years. Said alimony shall not be modifiable as to term and shall terminate on the first to occur of any of the following events:
1. ten (10) years from the date of this judgment;
2. the death of either party;
3. the remarriage of the wife;
4. the wife's cohabitation with an unrelated person pursuant to General Statute § 46b-86b.
8. LIFE INSURANCE: Each party shall maintain in full force and affect the life insurance policy as listed in their respective financial affidavits and shall name the minor children as beneficiaries in equal shares until the youngest child of the marriage attains the age of majority or graduates from high school, which ever event occurs last in no event shall the parties's obligation to provide this insurance extend beyond the youngest child's 19th birthday. Each party shall pay their respective premiums, if required, for said policies and shall annually provide proof to the other that said life-insurance remains in full force and effect.
In addition, the husband shall obtain an additional life insurance policy in the amount of $100,000.00 as security for alimony payments pursuant to General Statutes § 46b-82 and shall name the defendant as the irrevocable beneficiary.
9. REAL PROPERTY: The husband shall, within 30 days, quitclaim to the CT Page 10258 wife all his rights, title, and interest in the jointly owned real property at 202 Belden Avenue, Hamden. The wife shall be responsible for the preparation, costs and fees associated with this transfer. Thereafter, the wife shall be solely responsible for the monthly payments on the first mortgage held by American Finance in the amount of $104,000 and the home equity loan held by GMAC, in the amount of $14,000 and the wife shall hold the husband harmless therefrom. Neither party shall draw any additional funds from the home equity loan.
Within one year of the date of this decree the wife shall refinance the home in a sufficient amount as to repay the existing first mortgage and home equity loan and remove the husband's name from any obligations. Should the defendant be unable to attain the necessary financing, she shall continue to make said monthly payments in a timely manner so as to prevent any negative impact on the husband's financial condition. The court retains jurisdiction over the terms and conditions of the refinancing of the home to maintain continuity of the court orders.
10. TIMESHARE: The husband shall have exclusive ownership rights to the Wyndam timeshare and he shall be responsible for all costs associated therein. The wife shall execute all documents necessary to effectuate this order and the husband shall be solely responsible for any fees and costs associated in this transfer.
11. MOTOR VEHICLES: The husband shall retain all rights, title and interest in the 1996 Dodge Ram and the 2004 Honda motorcycle and shall be responsible for payments for all taxes, insurance and any other costs associated with said motor vehicles.
The wife shall retain all right, title and interest in this 2003 Toyota Sienna and the 1993 Nissan Pathfinder and shall be solely responsible for payment on all taxes, insurance and any other costs associated with said motor vehicles.
12. BANK CREDIT UNION ACCOUNTS: The joint bank account previously used by the parties to pay household expenses shall be immediately closed and both parties shall cooperate with each other in executing the necessary documents. Each party shall have exclusive rights to their respective checking accounts held in their sole names.
The Connecticut State Police Credit Union account (CSP CU) as listed on the husband's financial affidavit shall be equally divided between the parties.
13. INCOME TAX REFUND: The 2009 federal refund in the approximate CT Page 10259 amount of $700.00 and state tax refund in the approximate amount of $400.00 are to be equally divided between the parties. The husband shall submit copies of the refund checks as well as 50% of those proceeds to the wife within seven (7) days of receipt.
14. PENSION AND DEFINED CONTRIBUTION PLANS:
a. The wife shall retain and exclusively own all her interests in the Yale-New Haven deferred contribution account with a balance of $6,190.88 as of 11/30/2008.
b. The husband shall retain and exclusively own all his interests in the State of Connecticut Defined Contribution Plan/ING account with a balance of $21,933.54 as of December 31, 2009.
c. The court enters the following orders, pursuant to C.G.S. § 46b-81 for the division of the husband's pension benefits under the provisions of the Connecticut State Employees Retirement System (SERS).
The wife shall be entitled to, and the plaintiff's SERS pension plan shall pay to her, 40% of the husband's monthly retirement benefit retirement pay, including the contributory hazardous duty retirement plan should he qualify. Should the plaintiff leave state service prior to qualifying for the hazardous duty pension and apply for a refund of his contributions, then the pension plan shall pay to her 40% of the hazardous duty contributions and interests as of the date of this decree, May 3, 2010.
The husband shall not make any election to receive any lump sums from his pension plan, or to roll over sums from his pension plan into an individual retirement account (with the exception of the refund of his hazardous duty contributions, as specified above).
To the extent allowed under the husband's SERS pension plan, the husband shall name the wife as the irrevocable survivor beneficiary of 40 percent of any and all survivor benefits which can be paid under the plan to a survivor of the husband upon his death. The court is aware that the husband is not permitted by his plan to designate a survivor beneficiary until the date of his retirement. The court is also mindful that if the husband has remarried at the time of his retirement, his spouse could object to the designation of the wife as a survivor, and, under the provisions of the plan, such objection would prevent the plan from permitting the wife's designation as a survivor beneficiary.
Counsel for the wife is ordered to prepare such order as is required CT Page 10260 under the husband's SERS pension plan in order to effectuate the forgoing orders, and submit it to the husband for execution. This court will retain jurisdiction to amend this order only for the purpose of establishing or maintaining its validity and enforceability under the plan. Both parties and their counsel are ordered to sign all documents required to effectuate the forgoing orders. The parties are to equally share in any costs associated with the execution of this order.
15. COUNSEL FEES: The husband shall pay to the defendant as a contribution toward her attorneys fees the sum of $3,000.00 within 90 days of the date hereof. This contribution shall not apply to the costs or fees for services rendered pertaining to the valuation of husband's pension.
16. LIABILITIES: The husband shall be solely responsible for the Visa Card, the credit union loan, and the Home Depot loan as listed on his financial affidavit. The wife shall be solely responsible for the Discover Card, Chase, Citibank, and school loans as listed on her financial affidavit.
17. The husband is ordered to vacate the marital residence, no later than June 30, 2010.
CT Page 10261