No. FA-054008048
April 11, 2006
MEMORANDUM OF DECISION
LINDA PEARCE PRESTLEY, JUDGE.
By complaint dated February 2, 2005, the Plaintiff wife instituted this action requesting a dissolution of the marriage and other equitable measures. A trial in this matter was held over two days.
FINDINGS
The plaintiff and the defendant intermarried in Hartford, Connecticut on October 27, 1973. The parties have resided in the state of Connecticut for at least 12 months prior to the filing of this complaint. The marriage has broken down irretrievably with no hope of reconciliation. Neither party has received state or local financial assistance during the course of this marriage. Two children, William Wziontko and Michael Wziontko were born to the parties since the date of the marriage. They have both attained the age of majority although Michael resides in the family home and has been cared for by the plaintiff since a motorcycle accident two years ago caused him to become a quadriplegic at the age of 24.
The plaintiff is 50 years of age. She is employed at the Hartford Courant in a clerical position and earns a net income of $406.00 per week. The defendant is 56 years of age. He has been employed by the Metropolitan District for 21 years and earns a net salary of $600.00 per week. At one point, he was earning significant overtime but is no longer in the position to do so for health reasons. The defendant has a pension as well which is a defined benefit plan and he has a deferred compensation account as well. The defendant discharged most of his debt in bankruptcy which caused the debt to fall on the plaintiff as the co-borrower.
Throughout most of the marriage, the defendant has been a heavy drinker. In fact he admitted in court that he was a "working alcoholic." After a 1993 arrest, the defendant was ordered to get alcohol treatment which he did but he then resumed drinking. There have been a few incidents of domestic violence by the defendant against the plaintiff. These incidents were marked by events such as the plaintiff obtaining a protective order and then insisting that the defendant not leave the home but rather stay and help her care for Michael and then accusing him of violating the protective order when he did so. There have also been incidents of infidelity by the plaintiff and may have been incidents by the defendant as well. At one point, the plaintiff moved out of the family home with the children but then later reconciled with the defendant.
The evidence presented that this was a very dysfunctional family which became more so after two tragedies: the tragic motorcycle accident in which the parties' son Michael was rendered a quadriplegic and the tragedy in which the younger William was intentionally hit by a car. Since that time there have been violent episodes between the parents themselves but also between their son William and at times involving Michael as well. There have been incidents where the defendant shut off the power to Michael's cable tv, his computer and the telephone. The defendant, at various times throughout the proceedings, indicated that he could care for Michael, that it is the plaintiff's fault that he does not have a relationship with his son Michael, and that the house should be sold and Michael should be placed in a nursing home. This court had an opportunity to speak with Michael and found him to be articulate, bright, and very frank about his circumstances. Although this court has no authority to make any orders with respect to Michael's care, it is clear to the court that the plaintiff is the most likely and capable person to care for her son.
At the same time, the plaintiff has no relationship with her son William and takes no responsibility for that. The evidence also established that the plaintiff went on a spending spree of sorts with the significant settlement money that belonged to her son William. This is a family, in the face of tragedy, that is clearly divided.
ORDERS
The court has considered all of the testimony and exhibits entered at trial as well as the factors set forth in Connecticut General Statutes §§ 46b-81, 46b-82, and 46b-62 and other pertinent statutes, the parties' earnings, and earning capacity differentials, and the consequences of the financial awards set forth below. Judgment shall enter dissolving the marriage of the parties on the ground of irretrievable breakdown. It is further ordered:
a. Property distribution
The plaintiff is awarded the marital home. The defendant shall transfer his right, title and interest in the home to the plaintiff by way of a quitclaim deed within 15 days of this judgment.
b. Alimony
In consideration of the property distribution and debt allocation, the defendant shall pay to the plaintiff $200.00 per week in alimony, modifiable only upon a substantial change in circumstances. The plaintiff shall pay to the defendant alimony in the amount of $1.00 per year, modifiable only upon a substantial change in circumstances. Alimony shall terminate upon the death of either party, remarriage of the plaintiff, cohabitation as defined by statute, or when the defendant attains the age of 70 years. The defendant shall pay the arrearage owed to the plaintiff under the pendente lite alimony order of $2,618.37 at a rate of $50.00 per week. To that arrearage will be added the $1,577.00 for the plaintiff's medical expenses which reimbursement check was cashed by the defendant. That amount as well as the alimony order shall be paid pursuant to a wage execution order.
c. Medical Insurance and Unreimbursed Expense
Each party shall be responsible for their own medical insurance and unreimbursed medical expenses. They shall each be entitled to receive COBRA benefits, pursuant to their existing health insurance plans, for as long as they are eligible and at their own expense.
d. Pension, stocks, bonds and deferred compensation
The defendants shall retain his deferred compensation and his series E and EE bonds. The defendant's defined benefit plan shall be divided 50-50 by way of a Qualified Domestic Relations Order. The plaintiff shall retain her 401K and her annuity and any savings accounts, stocks or bonds in her name.
e. Debts and liabilities
Each party shall be responsible for their own debts listed on their financial affidavits.
f. Taxes
If they have not done so already, the parties shall file taxes for the year 2005 in whatever manner minimizes their tax liability. Any refund shall be split 50-50. Any liability shall be born by the defendant. The defendant shall be solely responsible for the town property taxes for the GMC Sierra Truck, Ford Mustang, and the trailer and said amount shall be paid within 30 days.
g. Life Insurance
The defendant shall maintain his $50,000 life insurance policy for the benefit of the plaintiff so long as the alimony order is outstanding. Any cash value of these policies shall be awarded to the defendant.
h. Attorneys fees
Each party shall be responsible for their own attorneys fees.
i. Personal property distribution
The plaintiff shall retain her auto. The defendant shall retain the Grand Prix Auto as well as any other vehicles and boat listed on their financial affidavits. The parties shall facilitate any transfers necessary to effect this provision. Any additional personal property distributions are attached in Appendix A.
Appendix to Memorandum of Decision — List of Personal Items awarded to the Defendant, William P. Wziontko
Tan safe and mats. Microwave (in attic). FM/AM radio from the kitchen. Two of my diamond rings. Some dishes and utensils. Some video tapes with my sons in the tapes. Some towels/pillows/blankets/bedskirts Some of the old pictures album books. Rest of my personal effects/clothing left behind. China (dishes) purchased before I married. Silverware purchased before I married (located in brown box). Sofa only and two recliner rocker chairs (green) One or two wedding albums — to save for my son. My high school photo and high school class book (1969). Digital camera and camcorder. Electric meat cutter. Set of cooking pots. Son's 1997 Mustang. Blue carjack. 4 Yellow car ramps. 100' Garden Hose — Brown. 50' Garden Hose — Black. Cutter Mattock axes. All other axes. All sledge hammers. One taper. 6 brown boxes — New Glass All warranty papers.
One-half of all extension cords: Blue, black, and yellow cords. Storage compartment on the deck.
Coleman cooler — brown and metal
White patio furniture with glass top (table; 6 chairs; rocker; umbrella and base; lounge chair and two small glass end tables, all cushions pertaining to this set).
Two folding beach chairs — one blue and the other red, white and blue including one beach umbrella.
3-car two chains. Wet/Dry vacuum. 3 gallons of house cleaner.
Ceiling sprayer — interior texture pro hopper — gun worked on air compressor.
The newest one of the 1000-Watt work lights — halogen. Mity Mite jump starter charger from Sears.
All snow and work shovels.
Electric Hedge trimmer and shrub cutter made by Black and Decker.
Post hole digger. 3 Gas chain saws. Gas pressure washer. 8HP snow thrower. 12' aluminum yellow step ladder. 2 Electric skil saws. 1 red tool box. 2 spreaders. Water pump. 2 heaters that attach to a propane tank. All rakes. Paint sprayer. Garden spader. Electric tree pruner. Jig saw. One-half of all work gloves. 3/4" Blue drill. Tiller — gas engine. Gas motor engine 5 hp blower (no wheels). 2 fishing boxes — one tan and one grey. 4 fishing rods
Cyclone Trailer with 5HP engine — 3 attachments, 3 hoses, (this attachment goes on the lawn tractor).
All other items on the list of items submitted to the Court are awarded to the Plaintiff, Jane Wziontko.
