DocketNumber: No. FA 96-0332971S
Citation Numbers: 1998 Conn. Super. Ct. 11495
Judges: CUTSUMPAS, J.
Filed Date: 10/9/1998
Status: Non-Precedential
Modified Date: 4/17/2021
The Husband appeared through counsel, denied that the marriage had broken down irretrievably but submitted proposed orders if the court chose to enter a dissolution. The defendants in the second and third counts were defaulted for failure to appear.
Numerous pretrial motions, discovery and restraining orders were entered in the two and one-half year history of the case. A Family Relations Division custody evaluation was also conducted and a report introduced in evidence. During the trial the court was advised that the Juvenile Court was also involved with the family and had issued orders concerning one of the children. A trial commenced which consumed three full days. CT Page 11496
The Wife is 40 years of age, in good physical health, and a high school graduate. She claims to have a learning disability (ADD), has been under the care of a psychiatrist for many years, and takes the medication Zanax for depression. During and before the marriage, she suffered from many bouts of depression resulting in her hospitalization on at least one occasion. By agreement she was a homemaker and did not work outside the home except for recent years in which she did the billing for the family business. She presents herself with no skills, no experience, and a person in need of retraining if she is to be productive. In fact, she has undergone some testing to assist in her job search efforts. The court finds she has an earning capacity of $280 per week ($14,560 per year)
The Husband is 38 years of age, has serious health problems, and completed two years of high school. On October 21, 1991, he was injured in an accident when a car struck him while he was blowing the leaves in his front yard. As a result, he suffered a severe head injury which left him with a traumatic brain injury (TBI) characterized by eruptive and disruptive behavior and cognitive deficits. He is also prone to seizures, the last one being over a year ago, and suffers from a herniated disc which contributes to his physical limitations.
Despite his disability, the Husband continues to coach soccer, travel around the world, and work at his job cleaning swimming pools five and six days per week from early morning to late at night. His stated preference is to not work, stay at home and provide care for his children. For the entire time of the parties' relationship, 20 years, he has successfully operated a pool cleaning business. The court finds he has an earning capacity from employment of $450 per week ($23,400 per year).
It is significant to note that a tort action arising out of the Husband's accident was instituted by the parties and ultimately settled. Under the terms of the structured settlement dated August 25, 1993, (Exhibit C) both parties received the lump sum of $550,000 and the Husband was to receive $2,061.90 per month for a period of 20 years commencing September 25, 1993. Simple calculation indicates 15 years of payments remain. Also, apparently as a result of the accident, the Husband receives Social Security Disability Income of $220.93 per week and the minor children receive $127.50 per week. CT Page 11497
Three children were born to the Wife, issue of the marriage; Noelle born December 24, 1980, Mario born July 3, 1984, and Christen born July 15, 1987. Noelle recently entered college and will soon be emancipated. Her relationship with her father is not good. Mario has a very poor relationship with his sisters at this time and needs to be separated from them. He has been diagnosed as severely, emotionally disturbed. In January 1997 he was placed on juvenile probation, later hospitalized, removed from school for threatening a teacher, and is currently in special education classes. During the spring of 1998 he choked his younger sister until she lost consciousness. If the Husband did not agree to take custody of Mario, the State planned to commit him to a residential facility a choice neither party approved. Despite the monumental evidence of Mario's severe disorder, the Husband seemed to be in denial. Christen, other than the problem with her brother Mario, seems to enjoy a relationship with both parents and her sister Noelle. The Husband's claim for custody of all three children was irrational.
It would serve no useful purpose to chronicle the causes for the marriage breakdown. It appeared to he a dysfunctional marriage for many years. The Wife claimed the Husband drank excessively, gambled, stayed out late, and was abusive. After his accident, she claimed he became more abusive and acquired an obsessive interest in religion. The Husband claimed the Wife was involved with another man and, as a result, neglected him and the children. He claimed the home is out of control due to her staying out late, bar hopping, and sleeping in motels. Suffice it to say, the Wife's position was more credible.
The court finds that residence requirements have been satisfied and no family member is the recipient of public assistance. All pertinent criteria outlined in Chapter 815j of the General Statutes, as well as the holdings in Tyc vs. Tyc,
All the assets and liabilities connected with the business known as PC Pools are awarded to the Husband.
The 1995 Dodge is awarded to the Wife subject to the outstanding loan which she shall assume and pay. The 1988 Chevrolet is awarded to the Husband.
The cash surrender value in the New York Life Insurance Company policy is awarded to the Husband.
Each party shall retain their own personal checking account balance.
The balances in the following accounts shall be lumped together and divided equally between the parties: Peoples Bank CT Page 11500 Savings (joint with Adelino Costa approximate balance $60,000), Peoples Bank Savings (joint with Christen approximate balance $18,000), Peoples Bank Savings joint with Mario approximate balance $20,000), and Peoples Bank Savings joint with Noelle approximate balance $16,000).
The balance in the Gordon Scalo escrow account (approximate balance $242,000), after payment of the liabilities hereafter mentioned, shall be divided equally between the parties.
The Husband shall assume and pay all debts associated with the business known as PC Pools including but not limited to Bel Aqua Pool Supplies ($6,567.50), Nucci Bros Pool Supplies ($2,326.08), and Buzzi Texaco ($700).
The Husband shall be solely responsible for his personal debts including but not limited to the following:
Medical Lab Services $ 332.00 St. Vincent"s Hospital 56.47 Dr. Winnick 57.26 Litwin Jewelers 3,030.36 Psycho-Therapy Group 875.00 HRS 80.02 Ambulance 543.07 Bradlees 40.95 Associated Neurologists 384.00 Carpenter Chiropractic 70.00 ----- $5,869.03
The Wife shall be solely responsible for her personal liabilities including but not limited to the following:
The Limited $ 77.65 Lord and Taylor 341.57 Structure 158.11 Bradlees 619.15 J.Crew 414.39 Express 61.41 Wayside Furniture 476.26 CT Page 11501 Victoria's Secret 230.68 Wayside Group 275.00 ------- $2,654.52
The following obligations shall be paid out of the Gordon Scalo Escrow Account before distribution to the parties:
IRS(1996) $ 2,821.00 State of Conn. DRS (1996) 2,500.00 Chase Visa 3,846.13 Dr. Schneider 55.00 Dr. Levin 1,000.00 Filene's 1,884.38 Visa Card 4,996.57 Discover 8,191.50 FCNB Spiegel 3,961.16 Macy's 695.63 ---------- $33,073.93
The Husband shall be entitled to claim Mario and the Wife Noelle and Christen as dependents on all future state and federal tax returns.
The Husband shall claim all income and be entitled to all deductions connected with the business known as PC Pools on his 1998 tax returns.
In the event the parties do not file a joint tax return for calendar year 1997, most likely a preferable course of action, the parties shall equally claim all income and be entitled to all deductions on their respective returns from the business known as PC Pools.
Cutsumpas, J.