BERRIOS v. BERRIOS, No. FA-09-4044784 S (Nov. 2, 2009)

FISCHER, J., J.

The plaintiff, Yolanda Berrios brought this dissolution of marriage action against the defendant, Otilio Berrios. The trial was held on October 30, 2009, at which time both parties appeared and neither was represented by counsel.

This court has considered all of the relevant statutory criteria, including the length of the marriage, fault, the age, station, occupation of the parties, assets, amount and sources of income, skills, employability, debt, non-monetary contributions, acquisition and preservation of the estate, needs of each of the parties and the opportunity of each for future acquisition of capital assets and income and all other criteria set forth in C.G.S. §§ 46b-62, 46b-81, 46b-82, 46b-84, 46b-215b, 46b-56c and the Child Support Guidelines. The court enters the following findings and orders:

The parties were married on July 25, 1998, and one or both has resided in Connecticut for twelve continuous months prior to bringing this action. There are three minor children born of the marriage and state aid has been received during the marriage. The State of Connecticut has appeared and presented certain proposed orders which the court will adopt and incorporate into its orders. It appears that the plaintiff and defendant lived separately for some time.

The court finds that the marriage is broken irretrievably without hope of reconciliation. The court further finds that the plaintiff is credible and that the defendant's infidelity was the cause in the breakup of the marriage. The defendant is currently out of work and collects $203 per week in unemployment.

The court orders that the parties will have joint legal custody of the three minor children, with their primary residence being with the plaintiff. The defendant will have liberal and reasonable visitation rights as agreed upon by the parties. Based upon the financial affidavits CT Page 17830 of the parties, the defendant will pay $27 a week in child support which is in compliance with the child support guidelines, and will also pay 17% of any unreimbursed medical/dental expenses which is also pursuant to the worksheet guidelines. The parties shall provide health insurance for the minor children that is available at reasonable cost, that being 17 1/2% of their gross salaries and using the same guidelines, the defendant will be responsible for 17% of that expense. If no insurance is available the parties shall enroll the children in the HUSKY program.

The defendant shall pay to the plaintiff alimony in the amount of $1.00 per year for a period of six years, which shall be modifiable as to amount only. Both parties shall pay $1.00 per year alimony to the state of Connecticut, modifiable only by the state of Connecticut.

Each party shall retain the motor vehicle currently in their possession free and clear of any claim by the other and shall be solely liable for and shall indemnify and hold the other party harmless from any debt, expense and/or liability related to the respective motor vehicle.

Although the defendant claims that the plaintiff has a 401K account and that he is entitled to a portion of it, he failed to present any credible evidence thereto, and therefore the court does not make any findings or orders about the alleged account.

Each party will be responsible for the debts listed on their financial affidavits. The parties shall at any time or times in the future make, execute or deliver any titles, bills of sale or other instruments reasonably required for the purpose of giving full force and effect to the foregoing orders of this court.

SO ORDERED.

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