Maillet v. Maillet
A court can order the parent who receives primary custody of the minor children to wear an alcohol monitor for 365 days. The parties married in 1997 and have three children, each of whom has special needs. The plaintiff husband, a carpenter, has an earning capacity of $70,000 gross per year. The defendant wife, who has worked as a part-time counselor and school paraprofessional, has an earning capacity of $27,000 gross per year. The court did not find either party at greater fault for the breakdown of the marital relationship. The court rejected the husband's request for sole custody. The court awarded joint custody of the minor children, with primary custody with the wife. The court ordered the wife to wear an alcohol monitor for 365 days. The court ordered the guardian ad litem and the husband to receive reports from the alcohol monitor. If the wife is arrested for driving under the influence, or the monitor registers a moderate to severe rate of alcohol consumption, the husband can move to modify custody. The court ordered the husband to pay child support of $284 per week. The court ordered the husband to pay alimony of $200 per week until the wife's death, marriage, cohabitation, or Dec. 31, 2019, whichever takes place first. The husband may earn up to $75,000 gross per year, and the wife up to $30,000 gross per year, as a "safe harbor," without earnings constituting a reason to modify support. The court ordered each party to maintain life insurance in the amount of $100,000. The court awarded the wife the marital residence and ordered the wife to sign a note and deed to the husband for 50 percent of the net equity, which shall be paid when the wife marries, cohabits, refinances or Dec. 31, 2017, whichever takes place first. The court awarded the husband his carpentry and work equipment. The court ordered the parties to hold each other harmless from debt.