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Nieves v. Vargas

Superior Court of Connecticut, Judicial District of Hartford, Hartford

September 21, 2015

Roberto Nieves
v.
Maria Vargas

MEMORANDUM OF DECISION

José A. Suarez, J.

On September 23, 2014, the plaintiff, Roberto Nieves, filed this action for dissolution of marriage with a return date of September 23, 2014. The matter was served on the defendant, Maria Vargas, on September 9, 2014. A contested hearing was held before the court on September 10, 2015. The court has considered carefully all of the evidence, the respective criteria for orders of alimony, custody, child support, health insurance, property settlement, division of debt, and award of counsel fees. The court makes the following findings of facts and orders.

FINDINGS OF FACT

The parties were married on June 23, 1990, in Hartford, Connecticut. The parties have resided in Connecticut for more than one year prior to the commencement of this action. The court has jurisdiction over the marriage. All statutory stays have expired. There is one minor child born to the parties since the date of the marriage: Gabriel Nieves, date of birth May 2, 1998. The marriage between the parties has broken down irretrievably and there is no reasonable prospect of reconciliation.

The plaintiff is fifty years old. Although he has lived in Connecticut most of his life, he has difficulty with the English language and requires the services of a Spanish interpreter. He works for the City of Hartford in the Department of Education as a janitor and has done so for the past twenty-two years. He currently earns seventeen dollars ($17) per hour. His financial affidavit shows that he earns $600 gross per week. He has $340 in total weekly expenses, which include $125 in child support, leaving him with a total net weekly income of $340. His only asset is a 2006 Dodge pickup truck valued at approximately $5, 000. He does not list any bank accounts. He does have a pension from the City of Hartford; however, the value of it is unknown.

The defendant is fifty-five years old. She also worked for the City of Hartford Department of Education. In June 2008 she left that employment so that she could work part-time and care for their minor child. She now works for Capital Region Education Counsel (CREC). She earns a salary of $404 per week and receives $125 in child support. Her gross weekly income is $529. She has $538 per week in expenses, for a total net weekly income of $-9. Her assets include a 1999 Toyota Sienna, valued at approximately $1, 000, a Webster Bank account with a balance of $12, 000, and a TD Bank account with a balance of $6, 229. She also has a City of Hartford pension with a value of $10, 000.

On November 5, 2014, after a Pendente Lite hearing on alimony, the court, Albis, J. ordered the plaintiff to pay the defendant $200 per week in alimony. The plaintiff has never paid any alimony to the defendant. He is currently in arrearage in the amount of $9, 200.

The parties' marital residence is located at 113 Gilman Street, Hartford, Connecticut. On February 15, 2012, the plaintiff left the marital home. He used the home to secure a $20, 000 loan from the credit union to pay off his car loan and other debts. He then stopped paying the mortgage and the bank foreclosed on the home. The defendant continues to reside in the home. The bank has offered to sell the home to the defendant for $113, 000 and she is in the process of purchasing the home from the bank.

The parties' minor child is autistic, however, there is no evidence as to the child's functioning levels. The plaintiff has not maintained a relationship with the child since he left the marital home. The plaintiff has only seen the child on three separate occasions since then.

On April 14, 2014, the Family Support Magistrate issued an order of support. The plaintiff was ordered to pay $125 per week to the defendant. The Magistrate further ordered that 54% of unreimbursed health care expenses for the child were to be paid by the mother and 46% by the father.

After considering all the statutory criteria set forth in Connecticut General Statutes § § 46b-56, as to orders of custody, care, education, visitation; 46b-82, as to the award of alimony; and 46b-84, as to support of children; together with applicable case law and the evidence presented, the court hereby enters the following orders.

ORDERS

Dissolution of Marriage

A decree dissolving the marriage, on the grounds of irretrievable breakdown, shall enter. The parties are ...


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