Opinion
FSTFA156025167S
06-01-2016
Monica Rao v. Anil Rao
UNPUBLISHED OPINION
MEMORANDUM OF DECISION
Barry C. Pinkus, J.
The plaintiff Monica Rao, whose birth name was Monica Singru, and the defendant, Anil Rao were married in New York City, New York on April 13, 1990. There are four children issue of the marriage: Jayant Rao, born June 9, 1994, Ashwini Rao born November 15, 1995, Paulomi Rao born October 21, 1997 and Nikhil Rao born November 30, 1999. The jurisdictional requirements are satisfied. The trial was conducted by the court on May 25 and May 26, 2016. The parties were unable to reach an agreement on the financial issues but were able to agree on the custodial arrangements for their minor child prior to trial. The court listened to and observed the parties, who were the only witnesses, and reviewed the exhibits. The marriage of the parties has broken down irretrievably.
The court has considered all of the statutory factors enumerated in Connecticut General Statutes § § 46b-81 and 46b-82 in making the order set forth below. " A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria." (Internal quotation marks omitted.) Keenan v. Casillo, 149 Conn.App. 642, 663, 89 A.3d 912, cert. denied, 312 Conn. 910, 93 A.3d 594 (2014). " The distribution of assets in a dissolution action is governed by . . . § 46b-81, which provides in pertinent part that a trial court may assign to either the husband or the wife all or any part of the estate of the other . . . In fixing the nature and value of the property, if any, to be assigned, the court, after hearing the witnesses, if any, of each party . . . shall consider the length of the marriage, the causes for the . . . dissolution of the marriage . . . the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income." (Internal quotation marks omitted.) Natarajan v. Natarajan, 107 Conn.App. 381, 392-93, 945 A.2d 540, cert. denied, 287 Conn. 924, 951 A.2d 572 (2008).
Similarly, " [§ ]46b-82 governs awards of alimony. That section requires the trial court to consider the length of the marriage, the causes for the . . . dissolution of the marriage . . . the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate and needs of each of the parties . . . In awarding alimony, [t]he court must consider all of these criteria . . . It need not, however, make explicit reference to the statutory criteria that it considered in making its decision or make express findings as to each statutory factor." (Internal quotation marks omitted.) Wiegand v. Wiegand, 129 Conn.App. 526, 536, 21 A.3d 489 (2011). Accordingly, the court makes the following:
Orders
1. The marriage of the parties is dissolved on the grounds of irretrievable breakdown.
2. The Final Custody and Parenting Plan dated May 25, 2016 signed by the parties is approved and is incorporated into the judgment as though fully set forth herein.
3. The defendant shall pay to the plaintiff $328 per week as child support commencing June 3, 2016 and weekly thereafter until the minor child turns 18 except that if he has not yet graduated from high school by the age of 18, child support shall be paid until he graduates from high school but in no event past 19 years of age. This amount is in accordance with the child support guidelines prepared by the plaintiff.
4. The parties shall divide the costs equally of all agreed-upon extracurricular activities for the minor child.
5. The defendant shall be responsible to maintain medical and dental insurance for the children until age 23. All unreimbursed medical and dental expenses for the minor child, including medical devices, optical, orthodontic, psychological and therapy (including physical therapy and occupational therapy) shall be paid thirty-two percent by the plaintiff and sixty-eight percent by the defendant.
6. The defendant shall pay to the plaintiff $850 per week alimony for a period of thirteen years. Alimony shall terminate upon the death of either party or the plaintiff's remarriage and is subject to the provisions of General Statutes § 46b-86(b). The alimony shall be paid commencing June 3, 2016. The plaintiff shall have a safe harbor of $60,000 per year of earnings from employment before the defendant may seek a modification based the upon plaintiff's earnings.
7. The court finds, that as a matter of fact that it is more likely than not that the parents would have provided support to their children for higher education or private occupational school if the family were intact. The court shall retain jurisdiction pursuant to Connecticut General Statutes § 46b-56(c) for post-majority educational support. The defendant shall be responsible to pay for up to three years of post-majority educational support for each of the children for any necessary educational expense, including room, board, dues, tuition, fees, registration and application costs not to exceed the amount charged by the University of Connecticut for a full-time in-state student, however, said annual obligation shall not exceed the amount of the defendant's net after-tax bonus from his principal employment.
8. The children's bonds shall be turned over to the children, except that the bonds for the children under age 21 shall be held by the plaintiff and turned over to the children on their 21st birthday.
9. The parties jointly own property located at 734 Newfield Avenue, Stamford, Connecticut. The court finds that, in accordance with the plaintiff's financial affidavit, the property has a value of $575,000. The defendant shall have 90 days from the date of judgment to pay the plaintiff $287,500 for her interest in said property. In the event said sum is not paid within the 90 days, the plaintiff shall have 90 days to pay to the defendant $287,500 for his interest in said property. If either party's interest is bought out by the other then, that party shall have 60 days from receiving the proceeds to vacate the premises. In the event neither party purchases the property as set forth above, the property shall immediately be placed on the market for sale. The parties shall be equally responsible for all expenses relating to the property including but not limited to taxes, insurance and utilities until they are either bought out or the property is sold to a third party. If the property is sold to a third party, the net proceeds shall be divided equally by the parties. The court shall retain jurisdiction over any disputes concerning the sale of this property.
10. The plaintiff shall retain the bank accounts which are currently solely in her own name.
11. The defendant shall retain the bank accounts and the stocks, bonds and mutual funds which are currently solely in his own name.
12. The plaintiff shall retain her retirement accounts.
13. The defendant shall transfer to the plaintiff, within 60 days of the date of judgment, by way of a qualified domestic relations order (QDRO), all of his interest in and to his Thompson Reuters 401(k) Savings Plan subject to gains and losses thereon to the date of distribution. The cost of preparing the qualified domestic relations order(s) shall be shared equally by the parties.
14. The defendant shall retain all of his other retirement accounts, deferred compensation accounts and his Employees Stock Option Plan.
15. Each party shall retain their Northwestern Mutual Life Insurance policies and any cash value they may have.
16. The plaintiff shall receive the Honda CRV automobile and the defendant shall receive the VW automobile and the Honda Odyssey. Each will be responsible for any lease payments and other charges due thereon and hold the other harmless therefrom.
17. Each party shall be responsible for their own debts.
18. Each party shall be responsible for their own health insurance.
19. The defendant shall maintain at least $500,000 in life insurance with the plaintiff named as the sole irrevocable beneficiary for so long as there exists a support/alimony order. The amount of insurance coverage the defendant is obligated to provide is subject to modification by the court.
20. The personal property of the parties shall be divided to their mutual satisfaction. The court shall retain jurisdiction in the event the parties are unable to reach an agreement.
21. Each party shall be responsible for their own attorney fees.
22. The parties shall alternate taking the exemption of the minor child for state and federal tax purposes with the defendant taking even years and the plaintiff odd years.