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Nunez v. Moran

Superior Court of Connecticut, Judicial District of Waterbury, Waterbury

October 7, 2015

Maria Nunez
v.
Modesto Moran

MEMORANDUM OF DECISION

ROBERT NASTRI, JR., J.

This action for dissolution of marriage was brought by writ of summons and complaint dated December 29, 2014 with a return date of February 3, 2015. Thereafter, the matter was tried to the court on October 2, 2015. On that date, the court heard the sworn testimony of the parties and reviewed their exhibits. The court, after carefully considering all the evidence presented by able counsel, renders the following decision.

The plaintiff, Maria Nunez, and the defendant, Modesto Moran, were married on September 7, 2011[1] in Waterbury, Connecticut. Ms. Nunez resided in Connecticut for more than one year before she filed the complaint. There is one minor child issue of the marriage, Tyrese W. Nunez, born September 1, 2002. In addition to their thirteen-year-old son, the parties have two adult daughters over the age of twenty-three. All three offspring were born before the marriage.

Statutory Basis

General Statute § 46b-81(c) provides the statutory framework for equitable distribution of property.

In fixing the nature and value of the property, if any, to be assigned, the court . . . shall consider the length of the marriage, the causes for the . . . dissolution . . . the age, health, station, occupation, amount and sources of income, vocational skills, employability, liabilities and needs of each of the parties and the opportunity of each of the parties for the future acquisition of capital assets and income. The court shall also consider the contribution of each of the parties to the acquisition, preservation, or appreciation in value of their respective estates.

The Parties

Ms. Nunez is approximately fifty years old. She has a twelfth grade education and has taken some college courses. Ms. Nunez owns property at 40 Luke St., Waterbury, Connecticut (Luke St.) and 199 Logan St., Brooklyn, New York (Logan St.). The property on Luke St. is a three-family house where Ms. Nunez resides with her son. Mr. Moran resides at Logan St. There is no equity in either property.

Ms. Nunez operates a home daycare business at which she earns net income of $88 a week. Her income is supplemented by rental income of $138 a week. Her total weekly net income is $226. Ms. Nunez's health has declined in recent years. In 2012, she suffered intestinal damage which requires her to use a colostomy bag. In addition, she suffers from hypertension and kidney stones among other ailments. Ms. Nunez is not pregnant.

Mr. Moran was born in the Dominican Republic where he completed seventh grade. He has worked as a licensed contractor in the past. Currently, he is self-employed as an auto body repairer. He claims his net income is $450 a week. Mr. Moran is in good health.

Issues in the Marriage

Shortly before the parties were married, the Luke St. property suffered fire damage that required the parties and their tenants to leave the house for almost three years. During that time, Mr. Moran, through his contracting company, M& M General Contracting, LLC, repaired the house. Ms. Nunez believes Allstate Insurance Company paid $390, 898.90 as compensation for the fire damage. She also believes Mr. Moran used only a portion of the insurance proceeds to repair the house and retained the balance in a bank account in the Dominican Republic.

The evidence shows Allstate paid $214, 708.57 jointly to Maria Nunez, Select Portfolio--the company holding the mortgage on the property--and Sabel Adjusters--a public adjusting company. Allstate also paid $95, 905.49 to Maria Nunez and Sabel Adjusters. Select Portfolio paid $71, 843.97 jointly to Maria Nunez and M& M General Construction, LLC[2] and $16, 451.87 to Maria Nunez individually. The court finds it highly unlikely Mr. Moran would have been able to avoid making repairs to the house and keep any portion of the insurance proceeds for himself without the insurance company, the mortgage company or the public adjusting company being aware the ...


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