MORALES v. MORALES, No. FST FA 08 4014653 S (Jul. 1, 2009)

HARRIGAN, J.T.R.

The plaintiff wife, 51, whose birth name is Farrington, and the defendant husband, 43, married on September 26, 1987 in Stamford, Connecticut. The plaintiff has lived continuously in Connecticut for over one year next preceding the date the complaint was filed with this court thereby meeting the residency requirement Conn. Gen. Stat. § 46b-44. There are two children of their marriage. The older, Orlando, Jr., is 22 and the younger, Rosemarie is 15.

The plaintiff sustained disabling injuries in 1989 when she fell from a ladder.

She has been receiving Social Security Disability at a weekly rate of $191.40 for herself after deducting Medicare Part B premiums as on Form SSA-1099 for 2008 (Pl. Ex. #1). She receives a second weekly payment for Rosemarie of $105.92 as on Form SS-1099 for 2008. Rosemarie's benefit will terminate when the minor attains 18.

The defendant has been employed by the City of Stamford since 1988 as a sanitation truck driver. He currently is paid $23.73 hourly for 37.5 hours weekly. He listed $47,736 wages for last year on their 2008 Form 1040 (Pl. Ex. #1). He is vested in the city's Classified Employees Retirement Fund having made contributions and earned interest thereon totaling $40,857.98 as of 6/30/2008 (De. Ex. B). His normal retirement at 58 using current salary would provide a monthly benefit of $2,501. He also has a 457 Deferred Compensation plan account containing about $3,512 as of 6/30/08 (Pl. Ex. #3). He provides the medical coverage for the minor child.

The parties' final separation occurred in January of this year. The parties share responsibility for the causes of the marriage breakdown.

The marital home at 273 Culloden Road, Stamford is currently listed for sale. The plaintiff and minor child shall occupy the premises until CT Page 11193 sold. The plaintiff shall maintain the property. The defendant shall continue to pay her $300 weekly until said premises are sold consisting of unallocated non-taxable alimony and child support.

Having reviewed the evidence in light of the relevant statutes and case law the court renders judgment dissolving the marriage on the ground of irretrievable differences with the following orders as part of the decree.

1. The parties shall have joint legal custody of their minor daughter with physical residence with the plaintiff and reasonable visitation by the defendant. The parties have filed a parenting plan dated December 23, 2008 that the court finds in the child's best interest. It is approved and incorporated in the judgment by reference with a copy appended hereto. The defendant shall continue to maintain the minor child on his medical coverages through his employment and the parties shall share unreimbursed medical expenses 41% mother and 59% father as shown on the guidelines worksheet on file. Sec. 46b-84e shall apply to the filing of claims.

2. The defendant shall pay $300 weekly to the plaintiff as unallocated non-taxable alimony and child support until the marital home is sold. The premises shall continue to be listed and either party may move the court for additional orders to carry out its disposition as allowed by Roberts v. Roberts, 32 Conn.App. 465. Once the marital home is sold the defendant shall pay weekly child support of $158 based on the guidelines. In addition, he shall pay periodic alimony weekly alimony of $60 until the death of either party, the plaintiff's remarriage, future court order based on Sec. 46b-86 or until June 30, 2020. A contingent wage withholding order is issued.

3. The plaintiff shall have exclusive possession of the marital home until sold and shall be responsible for all costs associated with the premises. The net proceeds of sale shall be divided equally between the parties.

4. The plaintiff is awarded 50% of the defendant's pension as of the date of the dissolution. If a QDRO is required the parties shall share the costs thereof. The defendant shall retain his 457 deferred compensation plan. The parties have divided their personal property and each shall retain the motor vehicle each currently uses. Remaining assets shall be retained as listed on their respective financial affidavits except the two life insurance policies so listed shall be maintained as previously maintained prior to the dissolution.

CT Page 11194 5. The court shall retain jurisdiction pursuant to Conn. Gen. Stat. § 46b-56c.

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