Opinion
No. FA 10-4032595 S
September 9, 2011
MEMORANDUM OF DECISION
The parties intermarried at Bridgeport, Connecticut on August 22, 1998. The Court has the requisite juris. The marriage has broken down irretrievably and is dissolved. The State of Connecticut has an interest in this matter. There are no children issue of this marriage. This is a twelve-year marriage. A previous dissolution action was commenced by the plaintiff but was subsequently withdrawn. The cause for the breakdown of the marriage is essentially the use of illegal drugs by the defendant. He was treated on an inpatient basis for his drug addiction on at least three occasions. He is presently under the sanction of a restraining order emanating from the criminal division of the Superior Court. His employment history is shaky because of his drug use. When he was drug free he earned approximately $30,000 per year.
Since the assets are very limited to make findings on the issue of fault would serve no useful purpose.
During the course of the marriage, the Defendant was a recipient of State Administered General Assistance in that he received and continues to receive SAGA medical assistance.
In addition the Defendant was admitted to Connecticut Valley Hospital on two occasions for extended periods of time during the course of the marriage, each at the expense of the State of Connecticut. The specific time periods were April 20, 2007 through May 14, 2007 and April 23, 2010 through May 10, 2010.
Despite the State aid rendered to the Defendant, neither party to the action provided the State of Connecticut with the required notice of the Divorce proceedings. The State was apprised of the action by its client agency and filed an appearance with the Superior Court on or about April 11, 2011.
In a Superior Court proceeding on July 7, 2011, the Plaintiff voiced an objection to the State's request for $1.00 per year alimony questioning the Plaintiff's responsibility to repay the State for aid the Defendant received, specifically the hospital expenses incurred by the Defendant during his stays at Connecticut Valley Hospital.
The Court has carefully considered all of the criteria set forth in 46b-81, Conn. Gen. Stats. in entering its orders.
1. The marriage has broken down irretrievably and is dissolved.
2. The wife shall have exclusive ownership of the marital home.
3. All personal property shall remain with the wife.
4. The husband shall pay to the wife the sum of $1.00 per year as alimony
5. Husband may elect pursuant to COBRA to avail himself of wife's insurance plan at his own expense.
6. Any mortgage interest deduction or real estate taxes shall be taken solely by the wife.
7. The wife shall retain either the 2000 Dodge Intrepid or the 2000 Chrysler and transfer ownership of one of said vehicles to the husband.
8. Wife's retirement account shall be hers exclusively.
9. The wife's maiden name, Pamela Moore, is restored.
10. Each party shall be responsible for their respective counsel fees.
11. Plaintiff objects to the State of Connecticut's claim for an order of alimony. The Court sustains the claim of the plaintiff for the following reasons:
Since the State of Connecticut has an independent cause of action to bring a collection action against either party it would be unfair to the plaintiff to enter an alimony order just so that the State could piggyback on such an order. The facts in this Count would normally not require such an order unless there was an exceptional claim of poor health. The State has not given up any independent claim that it has against either party. In this dissolution action the State has not asserted a claim for reimbursement of state aid.