DocketNumber: No. FA 01-0446310
Citation Numbers: 2003 Conn. Super. Ct. 2578-eo
Judges: FRANKEL, JUDGE.
Filed Date: 2/19/2003
Status: Non-Precedential
Modified Date: 4/18/2021
Three children were born issue of this marriage: Walter Williams IV, born November 24, 1984; Jared Frasier Williams, born May 16, 1986 and Leatrice Renee Williams born October 22, 1987.
The Husband is age 45 and in good health. The Wife is age 47 and in good health.
The Husband testified that the cause of the breakdown of the marriage was the interference by the Wife's parents in the finances of the marriage. He testified that money was given to the Wife by her parents. Decisions were made without the input of the Husband, for example regarding the education of the children. The Wife had accused the Husband, both privately within their marriage and publicly within the Husband's congregation, of having affairs. The Husband denied ever having any affairs. He stated that the Wife was jealous and that her accusations were driven by her jealousy.
The Wife has testified that the cause of the breakdown of the marriage was that there never was a marriage. She testified to no further details than this statement.
The procedural history of this case has been a difficult one. The CT Page 2578-ep Defendant was represented by two successive attorneys and then proceeded pro se. The Defendant has consistently failed to produce discovery as requested by the Plaintiff and as ordered by the Court, both when represented by counsel and when representing herself. The Plaintiff has failed to take steps to discover the necessary information through methods available to him. The following is a brief outline of the case:
4/03/01 — Defendant's attorney was ordered to be in Court on 4/04/01 (Alander, J.).
4/04/01 — Defendant's attorney ordered to be in Court for all future proceeding or sanctions would result (Alander, J.).
6/21/01 — Plaintiff's Motion to Compel (#110).
7/26/01 — Matter continued for compliance with Discovery (Domnarski, J.) Plaintiff to file all requests for discovery by 8/31/01.
2/15/02 — Motion to Add Party Defendant Granted (Domnarski, J.).
3/14/02 — Defendant ordered to produce copy Probated Will (Berdon, J.).
5/15/02 — Defendant ordered to produce all discovery by end of business day on 5/15/02 thereafter Defendant's attorney's motion to Withdraw granted (Gruendel, J.).
6/05/02 — New attorney files appearance for Defendant.
11/14/02 — New attorneys' Motion to Withdraw granted.
1/28/03 — Defendant ordered to comply with discovery orders by 1/31/03. If Defendant failed to comply sanction would be ordered. Defendant informed that sanctions would be as follows: an adverse inference would be drawn, and that inference would be as follows: the Defendant is receiving $50,000.00 per year as income from her stepfather's estate and that the college education of the three minor children is and will be paid for by the Defendant through her stepfather's estate (Frankel, J.).
1/31/03 — Defendant failed to comply with the court order of 1/28/03. All adverse inferences were found as facts by the Court (Frankel, J.).
The Court finds that the Wife is totally lacking in credibility. She CT Page 2578-eq has lied on her Interrogatories, on issues such as the bank accounts and automobiles, forgetting she had a bank and forgetting that her mother loaned her a Mercedes for the past 3 years. At trial, her inability to answer a question asked of her either by opposing counsel or by the court, does not help in making her testimony credible. Her financial affidavit is also lacking in credibility. The Wife either could not remember anything when asked a question or answered the question as if another question had been asked. However, the Wife conducted a cross-examination of the Husband which was well reasoned and extremely well done.
The Court finds that both parties are equally responsible for the breakdown of the marriage.
The Court finds that the residence requirements have been satisfied and neither party has been the recipient of public assistance. All pertinent criteria outlined in Chapter
A decree dissolving the marriage on the grounds of irretrievable breakdown shall enter on February 19, 2003.
Parental time with the children shall alternate weekly, beginning and ending on Fridays as follows:
(a) Friday from the conclusion of school until the following Friday at the conclusion of school with the Husband. The children shall be picked up by the Husband at the Wife's home at the conclusion of school on Friday. The Wife shall be responsible for picking up the children from CT Page 2578-er the Husband's home at the conclusion of school on the following Friday.
(b) Friday from the conclusion of school until the conclusion of school on the following Friday with the Wife. The Wife shall be responsible for the transportation of the children from the Husband's home. The Husband shall be responsible for picking up the children at the Wife's home on the following Friday.
(c) A and b repeat.
(d) During their stay with either parent, the children shall decide which religious service or church function they wish to attend, without any undue influence by either parent. The parent who then has parenting time with the child/children shall be responsible for transporting the child/children to these services or functions.
(e) The parents shall alternate the following holidays in the following manner:
Easter: Odd years with the Husband, even years with the Wife;
Thanksgiving: Odd years with the Wife, even years with the Husband;
Christmas: Odd years with the Husband, even years with the Wife.
(f) The Husband shall celebrate his birthday and Father's Day with the children and the Wife shall celebrate her birthday and Mother's Day with the children.
(g) The children shall alternate weekly on Sundays during the summer. Both parents shall participate and support any extracurricular activities for the children and they shall equally share the costs of these activities, including but not limited to sports, arts, camps, musical instruments and training and school trips.
In the event that either parent is unable to exercise parenting time or becomes aware that the child/children are ill, the parent shall immediately notify the other parent and in case of cancelled visitation, notify the other parent at least 48 hours prior to the scheduled parenting time.
The Wife shall not schedule extracurricular activities during the Husband's parenting time with the child/children without the Husband's written consent. Consent shall not be unreasonably withheld. CT Page 2578-es
If either parent is unavailable to be with the child/children for more than 4 hours during their scheduled time with the child/children, the other parent shall have the right of first refusal to spend that time with the child/children.
POST-SECONDARY EDUCATION OF CHILDREN (
The Court finds that it is more likely than not, if these parties had remained an intact family that they would have provided for their children's postsecondary education, pursuant to
MEDICAL INSURANCE AND UNREIMBURSED MEDICALS — CHILDREN
Neither party presently has insurance available to them through their employment. The Husband is ordered to immediately take all necessary steps to secure medical/dental insurance for the three children pursuant to
Pursuant to the Child Support Guidelines, the Husband shall pay 41% of the unreimbursed medical/dental expenses and the Wife shall pay 59% of same. Due to the shared custody arrangement, both parties are responsible for all costs. Neither party shall contract for any extraordinary expenses for the children without first consulting with the other except in case of emergencies.
The provisions of
MEDICAL INSURANCE — WIFE AND HUSBAND
The Wife and the Husband shall be responsible for their own medical insurance coverage.
The Husband's attorney filed a Motion to Add a Party Defendant, which was granted by the Court (2/15/02). However, the only parties added in were the Estate and the Executor. The Husband testified that the value of the property is $125,000.00. There is a mortgage on the property in the amount of $46,000.00. There are liens on the property which amount to $13,000.00. Therefore the equity in the property totals $66,000.00.
As between the Husband and the Wife there is $44,000.00 total equity.
The Wife is ordered to pay to the Husband $44,000.00 as a lump sum property settlement within 6 months from the date of the dissolution. Simultaneous with said payment, the Husband shall Quitclaim to the Wife, all of his right, title and interest in and to the property located at 77 Swampscott Street, West Haven, Connecticut. Thereafter, the Wife shall be solely responsible for all costs associated with the property, including but not limited to the mortgage, taxes, insurance, judgment liens on the property, and indemnify and hold the Husband harmless in regards to such expenses and debts.
The Husband shall take the two youngest children as dependents for income tax purposes until the children reach the age of 18 years. Thereafter, if the children are in postsecondary education courses and if legally able to do so, the Wife shall take all of the children as dependents for income tax purposes.
Frankel, J. CT Page 2578-ew