Opinion
No. FA 06-4105218
July 17, 2007
MEMORANDUM OF DECISION
I. STATEMENT OF THE CASE
Plaintiff filed a Motion for Parenting Plan, Pendente Lite, Motion for Child Support, Pendente Lite, Motion for Allocation of Debts and Expenses and Preservation of Assets, Pendente Lite, and a Motion for Exclusive Use and Possession of a Motor Vehicle, Pendente Lite. The defendant filed a Motion for Allocation of Debts and Expenses, Pendente Lite, and a Motion for Custody and Parenting Plan, Pendente Lite. Counsel represented both parties. The parties rested after a three-day hearing.
II. ISSUES
Should the court award to the plaintiff alimony, pendente lite? Which visitation schedule is in the best interests of the minor children? What is an equitable allocation of debt and expenses? Should the court award exclusive use and possession of a motor vehicle to plaintiff?
III. STATEMENT OF FACTS
The court finds the following facts proven by a preponderance of the evidence. Plaintiff and defendant have been married for 13 years. They separated in July 2006.
Plaintiff works for Nielsen Media Research about 32 hours per week. Her regular hours are 9:00 a.m. until 2:00 p.m. on Mondays, Wednesdays and Thursdays. Over the last few months, she has worked on Tuesdays and Fridays in addition to the other three days. When the defendant has physical custody of the minor children, plaintiff has worked on Saturdays from 9:00 a.m. until noon. She earns between $12.00 and $13.00 an hour. Plaintiff reported a weekly gross income of $368.59 and a weekly net income of $316.68.
Defendant works for Benvenuti Oil Co. Benvenuti Oil Co. is closely held corporation in which defendant holds a 6.3% ownership interest. Defendant's father and brother are also owners. Defendant heads the service department and is also a service technician. Defendant reported a weekly gross income of $1,000.00 and a weekly net income of $707.00. Defendant, his father and brother are members of one or more limited liability companies which hold rental properties as assets. Defendant reported that the value of his interest in the rental properties is $87,122.00. He currently rents an apartment in a building in which he has an ownership interest. He executes promissory notes for payment of the rent. Prior to the dissolution complaint, plaintiff had use of one of the company's vehicles and paid for no expenses thereon. She now pays the loan on and the insurance for her own vehicle.
Plaintiff and defendant have two children, a son age 12 and a daughter age 10. Plaintiff and the minor children reside at the marital residence at 5 Gada Road in Niantic. When the children are with the defendant, they share the same room and sleep in a bunk bed.
Both children achieve above average grades. The son has been diagnosed with Attention Deficit Disorder (ADD) but does not receive special educational accommodations in school. The son needs structure and consistency in living arrangements in order to maintain focus and stay on task with his school work. Although the son's pediatrician diagnosed him with ADD in 2002, the manifestations of the disorder became marked after the parents' separation in 2005. During the school year only, the son takes medication for treatment of the ADD. Plaintiff and defendant agree on the present course of treatment.
Plaintiff and defendant exercise shared parenting time, each spending 4 consecutive days with the children. On the fifth day, each parent takes one of the children alone. Therefore, neither parent has the children for the same four days from week to week.
Plaintiff is the primary caretaker for the children and is the primary parent for the children's education. For the son, plaintiff has instituted a regular homework schedule which helps him complete his work. Plaintiff is also the primary parent for the children's religious instruction. The children attend temple services on Friday and are enthusiastic about their religious activities. Defendant is the primary parent for the son's sports activities and coaches his son's baseball team.
The children are socially well adjusted. However, they are distressed over their belief that their parents hate each other. Defendant has persuaded the son that a "50-50" access arrangement with the plaintiff is the best access arrangement for the children. The son has advocated defendant's position in discussions with plaintiff. Plaintiff has also discussed the litigation with the children.
The children enjoy a good relationship with the maternal and paternal grandparents. However, the children prefer to spend time with the paternal grandparents so that they can participate in water-related activities. The paternal grandparents own a home on the Niantic River.
IV. PRINCIPLES OF LAW
Connecticut General Statutes § 46b-83. "While not allowing the sale or transfer of a motor vehicle or computer pendente lite, a court might, nevertheless, allocate the exclusive use of such an item during the pendency of the litigation. General Statutes § 46b-83 allows courts to order the exclusive use of the family home pendente lite. Courts have extrapolated from the statute the authority to order the use of other tangible items while a case is pending." Strich v. Strich, 47 Conn.Sup. 530, 533-34 (Conn.Super. 2002) [ 33 Conn. L. Rptr. 296].
V. ANALYSIS
The defendant has an ownership interest in a closely held corporation. He also has an interest in limited liability companies the assets of which are income generating rental properties. Plaintiff's weekly net income is $316.68 if she works 32 hours per week. Defendant has a greater opportunity to acquire assets and income than does the plaintiff. Plaintiff had use of a company motor vehicle prior to filing the dissolution complaint. However, she is able to pay for her own vehicle and the insurance thereon.
Although the children perform well in school, the male child needs a consistently regular schedule to perform well. Although four consecutive days at the home of one parent sounds as if the schedule provides consistency, the schedule does not provide the same four days from week to week.
VI. CONCLUSIONS OF LAW
An award of alimony, pendente lite, is appropriate in this case. The visitation schedule in the best interests of the children should permit the children to have access to both parents each week, but on the same days each week during the school year to maintain stability and predictability in the children's lives. An allocation of debt and expenses is appropriate. An award of exclusive use and possession of a motor vehicle to plaintiff, in this case, would be inequitable.
VII. JUDGMENT ALIMONY AND SUPPORT, PENDENTE LITE
Plaintiff is awarded $50.00 per week alimony, pendente lite. The court orders child support, pendente lite, in the amount of $220.00 per week pursuant to the Connecticut Child Support and Arrearage Guidelines.
ALLOCATION OF DEBT, PENDENTE LITE
Plaintiff shall be responsible for all debt listed on her financial affidavit and for her car payment, car insurance, and temple membership. Defendant shall be responsible for the mortgage, homeowners insurance, electric bill, phone bill and satellite entertainment bill for the marital residence. Plaintiff and defendant are ordered to endorse all tax refund checks to pay for the real estate taxes on the marital residence and to split the balance equally.
EXCLUSIVE USE AND POSSESSION OF MOTOR VEHICLE
The court declines to award exclusive use and possession of a motor vehicle to plaintiff.
PRIMARY RESIDENCY AND ACCESS
The parties shall exercise the following access schedule during the school year:
Mother shall exercise primary physical custody during the school year from Monday through Friday until after Shabbat services or until 7:00 p.m., whichever is later. Defendant shall have access from Friday until Sunday at 5:00 p.m. Defendant shall have access on Tuesday and Thursday evenings from after school until 6:00 p.m.
ACTIVITY FEES
The parties shall split the activity fees for the minor children's activities.
IT IS SO ORDERED.