• Litchfield J.D., at Regional Family Trial Docket in Middletown
  • FA12-4012137
  • Jan 22 2014 (Date Decided)
  • Adelman, J.

A court can find that relocation to another state is not in the best interests of the minor children. The plaintiff husband earns $174,000 gross per year as a corporate pilot and typically works away from Connecticut about 10 days per month. The defendant wife has a master’s degree in occupational therapy and accepted a job at a hospital near her family in Idaho. The court found that the wife has an earning capacity of $70,000 gross per year in Idaho. The wife has allowed her Connecticut occupational therapy license to lapse, and the court was not persuaded that she possesses as high an earning capacity in Connecticut. The wife sought to move with the minor children to Idaho, and the husband objected. The husband presented testimony that his parents and family in Connecticut are supportive. The guardian ad litem and family relations counselor expressed opposition to the potential relocation. The court was not persuaded that separation from either parent is in the best interests of the minor children. The court awarded joint custody. Although the wife may relocate to Idaho, the wife may not relocate with either minor child without written consent from the husband or order of the court. The court ordered the parents to provide electronic Skype or FaceTime, if the minor children and one of the parents are away from each other. The court ordered the husband to pay child support of $403 per week, and alimony of $350 per week, until the wife’s death, marriage or 260 weeks, if the wife remains in Connecticut. The court awarded the wife alimony of $250 per week, if the wife relocates to Idaho. The court awarded the husband the marital residence, which lacks equity, and the wife $4,000 in cash and 50 percent of the husband’s 401(k).

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