BARRETT v. BARRETT, No. FA02-0126298 (Jan. 2, 2004)

HADDEN, JUDGE.

By complaint dated October 25, 2002, the plaintiff wife, Julie Barrett, commenced this action seeking a dissolution of the marriage. The defendant appeared by counsel on November 19, 2002. The plaintiff, defendant and their respective counsels appeared for trial before the court on December 16, 2003 and the matter was heard as an uncontested case. After reviewing the testimony of the parties, the Separation Agreement agreed to by the parties and the court file, the court makes the following findings of fact.

The plaintiff wife, Julie Barrett, whose maiden name was Julie Hanrahan, and the defendant husband, Matthew Barrett, were married on September 7, 1991 in Norwich, Connecticut. The parties have resided continuously in the State of Connecticut for at least the twelve-month period next preceding the date of the filing of the complaint. All statutory stays have expired. Two minor children, Fiona M. Barrett, date of birth April 12, 1996, and Una R. Barrett, date of birth October 6, 2000, were born to the wife after the date of the marriage and are legal issue of the marriage. The court further finds that neither party has received financial support from the State of Connecticut or any municipal agency in the State of Connecticut. The court further finds that the terms of the Separation Agreement entered into by the parties are fair and equitable.

The court has considered its factual findings together with the statutory criteria set forth in Sections 46b-56, 46b-81, 46b-82 and 46b-84, as well as the relevant case law. The court makes the following orders:

1. The marriage of the parties has broken down irretrievably and is dissolved. CT Page 789

2. The terms of the Separation Agreement, dated December 16, 2003, are attached hereto and incorporated herein as orders of the court.

3. The court shall retain jurisdiction of the issue of postmajority education expenses for the minor children.

4. The plaintiff wife shall resume the use of her maiden name, Julie Hanrahan.

HADDEN, JUDGE.

SEPARATION AGREEMENT

THIS AGREEMENT entered into this 16th day of December by and between Matthew Barrett (hereinafter referred to as the "Husband") and Julie H. Barrett (hereinafter referred to as the "Wife").

WITNESSETH

WHEREAS, the parties hereto intermarried on September 7, 1991, at Norwich, Connecticut; and,

WHEREAS, there are two minor children issue of the marriage, to wit: Fiona M. Barrett, born April 12, 1996, Una R. Barrett, born October 6, 2000; and,

WHEREAS, circumstances and conditions have arisen and exist between the parties by reason whereof they intend to separate and to continue to live separate and apart for the rest of their natural lives; and,

WHEREAS, the marriage has broken down irretrievably and there is no reasonable prospect for reconciliation; an action is presently pending for dissolution of marriage; and,

WHEREAS, the parties deem it advisable by this Agreement to define and limit the property or estate of the other; and,

WHEREAS, the parties desire to make provision for the custody, support and maintenance of the minor children; and,

WHEREAS, both parties fully understand all of the terms and conditions and provisions of this Agreement. CT Page 790

NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth, the parties hereto agree as follows:

Parties to Live Separate and Apart. Each of the parties shall have the unrestricted right to live separate and apart from the other to the same extent as if they were unmarried, free of any restraint or interference by the other.

Custody. The parties shall share joint legal custody of the minor children with primary residence with the Wife. The Husband shall have visitation with the minor children in accordance with the attached "Schedule A".

Child Support. The Husband shall pay to the Wife the sum of Two Hundred and Eighty Five ($285) Dollars per week as child support. The parties acknowledge and agree that said amount is in accordance with the guidelines established by the State of Connecticut.

The parties further agree that so long as both parties agree the children attend the Montessori School and participate in skating, they shall split the cost equally.

Said child support shall commence when the Husband vacates the marital residence. Until such time, the Husband shall be responsible to pay the mortgage, including the January 2004 payment, and assure that the household utility bills are up to date.

Child Care. The parties agree that they shall split all qualified daycare costs in accordance with the guidelines established by the State of Connecticut. It is further agreed that if the children, or a child, attends the Montessori School, then the husband has no obligation to pay any qualified daycare costs for that child or children.

Health Insurance. The Husband shall maintain health insurance for the benefit of the minor children so long as it is available at his place of employment at a reasonable cost. The parties shall split all uncovered/unreimbursed medical/health related expenses equally. Said division is in accordance with the guidelines established by the State of Connecticut. CT Page 791

Bank accounts, Stocks, Bonds, Deferred Compensation. The parties agree that the Husband shall retain, free and clear of any claim by the Wife, the Eastern Federal Bank Account # 02-11444, with a balance in the amount of $10,738.01 as of August 18, 2003, the Putnam Investment Account #00010290005 in the amount of $3,509.55 as of June 3, 2003, the Eastern Federal Bank IRA Account #44701335 with an approximate balance of $5,499.18, the UBS Financial Services Account #NL 0263555 with a value of $38,764.13, the Cambridge Investment Research Mutual Fund with a value of $5,886.00 as of March 31, 2003, and the Scudder Investments with a value of $2,662.00 as of March 31, 2003. The Wife shall take all actions necessary to transfer the Cambridge Investment Research Mutual Fund and Scudder Investments accounts to the Husband

The Wife shall retain, free and clear of any claim by the Husband, the Northwest Mutual IRA with a value of $3,564.00 as of September 30, 2002, and the TIAA Cref with a current value of $1,411.00.

The Parties further agree that the Husband shall retain, for the benefit of the two minor children and their education, the Eastern Federal Bank Account #01-00-12377 in the amount of $21,748.40 as of May 9, 2003. The Husband shall place those monies into an account, or various accounts, to be utilized for the education of the two minor children. The Husband shall be allowed to take advantage of any and all tax credits for said depositing of monies into the minor children's names.

Pensions. Both parties agree that each party shall retain their own respective pensions through their own places of employment. Specifically, the Husband shall retain his pension with the State of Connecticut, and the Wife shall waive any and all interest or claims she may have in and to the same.

The Wife shall retain any and all pensions she may have through her place of employment, and the Husband shall waive any and all interest or claims he may have in and to the same.

The Husband shall name the minor children as beneficiaries on any preretirement death benefit associated with his State of Connecticut retirement, until or unless remarries.

Tax refund. The parties shall utilize the 2002 federal and state tax refunds for payment of Fiona's Montessori tuition for CT Page 792 2003-2004. Any overage shall be applied to future Montessori tuition payments.

Income tax. The parties agree that they shall file a joint tax return for the calendar year 2003. Any and all refunds shall be utilized to pay the Montessori School expenses for next semester and the following year, including summer payments.

Marital Residence. The Husband shall quitclaim all of his right, title, and interest in and to the jointly-owned marital residence to the Wife and the Wife shall pay to the Husband the sum of Thirty Thousand ($30,000) Dollars as a property settlement. Said property settlement shall be secured by a promissory note and mortgage deed and shall be payable as follows: The first Twenty Thousand ($20,000) Dollars shall be paid to the Husband within 90 days from the date of decree, and the balance shall be payable upon the earliest of the following occurrences; the death of either party; the remarriage of the Wife; the cohabitation of the Wife as defined by statute; the sale of the property; the failure of the Wife to use the premises as her primary residence; or Fifteen (15) years from the date of decree. The Wife shall indemnify and hold the Husband harmless from any liability associated with the obligation for payment of mortgages and other encumbrances. The Wife shall immediately refinance the existing mortgage so as to remove the Husband as an obligor, and Wife shall hold the quitclaim document in escrow pending payment of the first property settlement.

Life Insurance. The parties shall maintain and keep current their presently existing life insurance policies, through work, naming the children as irrevocable beneficiaries through the children's minority. The parties shall not borrow against, alienate, or otherwise reduce the principal amount of this insurance, and shall provide proof of coverage upon reasonable request. Failure to comply with the maintenance of this insurance shall be construed as a priority claim against the estate of the offending party.

Alimony. Each party waives and relinquishes any rights they may have to receive alimony or spousal support from the other, and recognizes that this waiver forever bars them from the receipt of alimony or spousal support at any future time.

Dependency Exemptions. In all years, the Husband shall have the right to claim one minor child as an exemption for federal CT Page 793 and state income tax filings, and the Wife shall have the right to claim one minor child as an exemption for the purpose of federal and state income tax filings. When only one child remains, the parties shall alternate the use of the remaining minor child, as an exemption, the Husband having the right to claim the remaining child as an exemption in the first year.

Personal Property. The parties have agreed to divide between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and other articles of personal property which heretofore have been used by them in common.

Automobiles. The Wife shall retain the Cadillac automobile. She shall be responsible for any and all debt associated with the same, and shall indemnify and hold the Husband harmless therefrom.

The Husband shall retain the 1988 Ford Bronco automobile. He shall be responsible for any and all debt associated with the same, and he shall indemnify and hold the Wife harmless therefrom.

College Expenses. Pursuant to C.G.S. 46b-52c, the parties agree that a motion or petition for educational support order is not being requested at this time, but either party reserves the right to file such a petition at a later date.

Full Disclosure. The parties acknowledge that they have been advised of their right to (i) compel discovery and inspection of the other's books and records, business and personal; (ii) to take the examination of the other before trial; (iii) to have accountants, appraisers or others investigate, appraise or evaluate the other's business and property. Each party waives these rights to the extent that they have not been exercised. Each party further acknowledges that each believes this Agreement to be reasonable under the circumstances, and that no representations of any kind have been made to him or her as an inducement to enter into this Agreement, other than the representations contained in this document. Both parties have been represented by counsel during the preparation of this Agreement, and have had an adequate opportunity to review its terms and conditions.

Entire Agreement. There are no representations, warranties, CT Page 794 conditions, promises, or undertakings other than those set forth in this Agreement, which contains the entire agreement of the parties.

Execution of Implementing Documents. Each party will at any time hereafter, on request, execute, seal, deliver, file, or record such bills of sale, deeds, releases, waivers or other instruments or papers as the other party may reasonably require for the pupose of giving full effect to these presents and to the covenants and conditions herein contained, including documents releasing claims as beneficiaries of any pensions and IRA's.

Survival of Agreement. If consistent with the rules of practice of the court granting the dissolution of marriage, the provisions of this Agreement shall be incorporated in such a decree, but not withstanding such incorporation, this Agreement shall not be merged in such a decree, but shall in all respects survive the same and be forever binding and conclusive on the parties, their heirs, executors, and administrators.

Modification. A modification of this Agreement shall be effective only if made in writing. The failure of either party to insist on strict performance of this Agreement shall not be construed as a waiver of any subsequent default.

Remedies in the Event of Default. In the event of default in the performance of any one or more of the covenants and agreements to be performed under the terms of the Agreement, or any Judgment incorporating this Agreement, the aggrieved party shall be entitled to recover from the defaulting party any expenses, losses or damages he or she may sustain by reason thereof, including reasonable attorneys fees and court costs incurred in connection with any action brought to enforce this Agreement, or any Judgment incorporating this Agreement.

Mutual General Releases. Each of the parties hereto, their heirs, executors, and administrators, remises, releases and forever discharges the other party, his or her heirs, executors, and administrators, of and from all debts, suing of money, accounts, reckonings, bonds, bills, covenants, agreements, promises, damages, judgments, executions, and demands whatsoever, in law or in equity, which against him or her, she or he ever had, now has, or which her or his heirs, executors, or administrators can, shall or may have, including interests in life insurance policies, but nothing herein shall be deemed to CT Page 795 impair the rights of either of the parties, their heirs, executors, or administrators, arising from or by virtue of this Agreement.

Mutual Releases of Marital Rights. Except as expressly provided otherwise in this Agreement, each party releases and relinquishes to the other party and to their heirs, executors, and administrators or assigns, any and all claims or rights which may now exist or may hereafter arise by reason of the marriage of the parties with respect to any property, whether real, personal, or mixed, belonging to the other party. Without limiting the foregoing, each party waives and releases to the other party, their heirs, executors, and administrators and assigns, all right to share in any of the property or estate which has arisen or may hereafter arise by operation of law or otherwise, and specifically waives and releases all right of dower and courtesy, and all right to share in the estate of the other party under the intestacy laws of any jurisdiction, and all right of election to take against any Last Will and Testament of the other party, whether executed before or after the execution of this Agreement, and all right to secure administration or to act as executor or administrator of the estate of the other party.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above.

Julie H. Barrett

Matthew Barrett

SCHEDULE A CUSTODY

The parties shall share joint legal and physical custody of the two minor children, Fiona M. Barrett, date of birth April 12, 1996 and Una R. Barrett, date of birth October 6, 2000. Primary residence of said minor children shall be with the Plaintiff.

The Defendants shall have specific access with the minor children as follows:

Friday at 6:30 p.m. overnight to Saturday at 6:30 p.m. and Sunday from 8:00 a.m. to noon, alternating with Saturday at 3:00 p.m. until Sunday at 3:00 p.m. CT Page 796

Every Wednesday at 6:30 p.m. overnight to Thursday morning when Defendant/father will return the children to their respective school/daycare.

Every Monday from 6:00 p.m. until 7:30 p.m.

The Defendant/father shall have access on the holidays of New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Columbus Day and Veteran's Day until 4:00 p.m.

The parties shall share access with the children on the holidays of Good Friday, Easter, Thanksgiving, Christmas Eve and Christmas Day at times that are mutually agreeable.

The Defendant shall have other access at other times by way of mutual agreement. With thirty (30) days prior notice, each parent will have the option of one week of extended time with the children each year, as well as one additional week of extended time alone, during which the other parent will assume responsibility for the children.

The parents will confer prior to making any decision affecting the children, which concerns major medical and dental procedures, orthodontia, psychological counseling, academic matters, extracurricular activities and major behavioral problems.

Each parent will give the other at least sixty (60) days prior written notice of any relocation outside the state of Connecticut, and sixty (60) days must elapse before any such move is made.

The parents will confer one year from the date that the orders are entered to review matters of custody and visitation.

Each party shall keep the other informed at all times as to their current addresses and telephone numbers. CT Page 797