DocketNumber: No. FA-94-0544358-S
Citation Numbers: 1998 Conn. Super. Ct. 9178
Judges: BRENNAN, JUDGE TRIAL REFEREE
Filed Date: 7/21/1998
Status: Non-Precedential
Modified Date: 4/17/2021
From an inheritance from her parents invested in Resolute Trust plaintiff receives $93 gross weekly. Plaintiff paid no federal tax in 1996 on her limited income. Plaintiff further receives $466 monthly from a John Alden Annuity, also an inheritance. This is apparently a return of principal which will end in February, 1999.
Plaintiff's position is that in determining her weekly income for child support purposes the Resolute Trust income should be disregarded and only marital weekly income of $82 be considered. Defendant claims imputed wages, pension and annuities and all other income of whatever nature should be included when calculating plaintiff's weekly income.
This court determines not to include returns from the John Alden Annuity which are said to be a return of principal and which cease in a few months. On the other hand it holds that the return of income on inherited property must be included in the formula, as well as imputed income. See Family Law and Practice Arnold H. Rutkin, General Editor Vol. 3 § 3704 [6].
Plaintiff's total net weekly income is thus determined to be $80 from Resolute Trust plus $82 imputed from past employment for a total weekly income of $162.
Stephen T. Hussey, an employer in the payroll department at Northeast Utilities, testified that defendant's average gross weekly pay for the first twenty weeks in 1998 was $1,142 and that his average net weekly income during that period was $837. The difference in net weekly income can be attributed largely to larger income tax withholdings indicated on defendant's financial affidavit.
The court holds that defendant's net weekly income for child support purposes is that reported to have been paid to him by his employer, i.e. $837. CT Page 9180
Defendant father was awarded primary physical custody of son Adam, who is 10 years old.
By way or further information, plaintiff takes Timothy and Matthew as exemptions for tax purposes, while defendant takes Erica and Adam. Erica is presently working part time at a local pastry shop, earns $30 weekly and plan to attend college this autumn.
In his viewpoint defendant is partially correct. On this issue plaintiff testified as follows: "Matthew sleeps at my parents almost every night. Sometimes he's at our home on weekends." Defendant's situation with son is strikingly similar to that of plaintiff. Defendant works three different shifts at Northeast Utilities, each of equal duration. When he is on the second or early evening shift, Adam stays with his parents until he picks him up. When he is on the midnight shift, Adam is at his parent's home. Adam is also there every weekend.
The court distinguishes the facts in this case from Unkelbach in that here no money was passed between the interested parties. Further, defendant's care of Adam is so like plaintiff's care of Matthew that more time should perhaps be spent in praise of the selfless generosity of grandparents rather than in dissecting the niceties of the child support guidelines.
Defendant's position on this issue is in keeping with that portion of Sec.
In brief it is concluded that the variation, such as it is, in the values of the marital estates of the parties, is not, considering all of the evidence, a controlling or predominant factor when the court considers the question of alimony.
In making this award the court is aware that while this is a CT Page 9182 marriage of twenty years duration, the parties, now in their early forties, are still relatively young and in good health. This award is intended to permit plaintiff to take several courses at a local community college in accordance with her expressed wishes, and to hone her existing but latest business skills. It hopefully also provides plaintiff with a financial cushion until such time as all the children have concluded their secondary schooling. See Wolfburg v. Wolfburg, 27 C.A. 396 (1992).
BY THE COURT
John D. Brennan Judge Trial Referee