Overton v. Overton
A court can find one party at greater fault for the breakdown of the marital relationship. The parties married in September 1989 and have two children. The husband, 45, earns $1,599 gross per week, working in the Connecticut Army National Guard as a Sargent, E-7. Allegedly, the husband had an extra-marital affair when he was deployed to Iraq between 2004 and 2005. The wife, 41, alleged that the affair, which apparently continued to the present, caused the breakdown of the marital relationship. The husband objected that prior to his deployment to Iraq, the wife was arrested repeatedly for driving while intoxicated. Allegedly, the wife spent 30 days in prison. Her license to drive has been suspended. The wife, who previously worked as a bookkeeper, earning $12 to 18 per hour, lost her job, because she lacked a driver's license, and went to work at a restaurant job that pays about $350 per week. Allegedly, the wife ceased paying the bills. Both children currently reside with the husband in the marital residence. The court found the wife at greater fault for the breakdown of the marital relationship, because of her convictions for driving while intoxicated. The husband's alleged extra-marital affair did not justify the wife's abuse of alcohol and incarceration. The court ordered the husband to pay alimony of $400 per week, until the wife's death, marriage, or April 1, 2013, when the wife presumably will regain her driver's license and the ability to earn $600 per week. In April 2013, alimony shall decrease to $300 per week, until the wife's death, marriage or Oct. 9, 2018, whichever takes place first. The court ordered the wife to pay child support of $60 per week until April 1, 2013, and then to pay child support of $85 per week. The court awarded the husband the marital residence and the motor vehicles and ordered the husband to pay the wife $14,850. The court ordered the husband to pay joint debt and $1,500 toward the wife's attorneys' fees. The court ordered the parties to divide equally various accounts, investments and pensions.