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1997 Oct. 29 Original Divorce Decree -Judge Buchele- Dombrowski-Richardson

1997 Oct. 29 Original Divorce Decree -Judge Buchele- Dombrowski-Richardson

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IN THE DISTRlCT COURT OF SHAWNEE COUNTY. KANSASDrVISION TWELVEIn the Matter of the Mamage of HALLECK RlCHARDSONandCLAUDINE DOMBROWSKlCase No 96-0-2 I7JO!JRNAL
ENTRY
OF PIVORCEThis matter was tried to the Court on September 18and 19, 1997 and taken underadvisement. The Court deems that the case is now fullysubmitted and after considering thetestimony and evidence presented at trial as well as the reports from social services providersspecifically Dr. Joel Nance, Dr. Richard Maxfield, guardian ad litem Scott McKenzie, the letterof Jenny Shaw, the horne visitation report of Shana O'Neil, court services officer, transcripts of hearings before Judge Leuenberger, the Court has reached the following findings and conclusions.This couple was mamed on the 22nd ofNovember, 1995 and separated onFebruary 5, 1996 This divorce case was filed on March 4, 1996. The parties are the parents of one child, Rikki Alexandra Dombrowski, born on December 12, 19942 The Coun fInds that the parttes are incompatible and that a divorce should begranted3 PROPERTY DIVISrON Each parry should be awarded all personal property
 
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currently in their possession and all personal property owned by them at the time of the mamageMr Richardson is involved In a Chapter 7 bankruptcy and makes a monthly payment of $3 14 permonth on lus debts Ms Dombrowski is involved also in a bankruptcy case and make a $75permonth payment The Coun would order that each party should conclude their bankruptcyobligations and pay all debts they have incurred since the date of separation. Respondent ISawarded her KPERS accountThere are severa1ltemS of personal property whicll are in dispute Neither party hasestablished by a preponderance of the evidence what would constitute the value of this propertyhow or when it was acquired. It has been established. however, that Ms. Dombrowski left themarriage with only a suitcase and a few personal effects.In November or December 1994, Mr. Richardson purchased a home. At that time theparties were living together but were not married. Mr. Richardson testified he has executed acontract of sale of this property for $78,950. There is a mortgage balance of between $49,000and $50,000 In addition to the mortgage, there is an IRS lien against the property which MrRichardson testified was approximately $4,800. After deducting these items and the $10,000down payment which Mr Richardson made with funds he acquired prior to cohabitation ormarriage, the Coun concludes that there is an equiry in this property of approximately $9,000.The Court would order that Mr Richardson pay to Ms. Dombrowski the sum of $4,500 upon theclosing of the sale of this propeny In the event that the sale does not close, the Coun willImpose a judicial lien in favor Claudine Dombrowski of $4,500 on the parties' real estate to cartyinterest at 7 5% per annum from November 1, 1997 Based upon the weight of the eVIdence inthis case, It is the Coun's conclUSIon that the $4,500 cash payment from the sale of the reSIdence2
 
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is.an equitable appomorunent of property to Ms. Dombrowski for all claims she may have for herinterest in marital property In the event of closing this sale before January I, 1998, MrRichardson
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Ms DombrowskJ at clostng or after Ms DombrowskJ has relocated toTopeka. whichever occurs last4 MAINTENANCE The Court finds that maintenance should not be awarded UlthiScase.5. CUSTODY Each party requests the Court to award them custody of the minorchild. Temporary custody and visitation of the minor child has been fiercely litigated in this caseand has been the subject of several hearings before Judge Leuenberger.
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At the oial of this case, considerable time was spent proving that this couple has had aviolent domestic relationship and that on at least one occasion Ms. Dombrowski suffered seriousinjury at the hands of Mr. Richardson although the parties CaTUlOtagree on exactly when, whereor how this injury was inflicted. There is no evidence that either pan has physically harmed Rikki
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F~om the evidence it appears to the Court that the violence in this couple's relationshipcomes from both directions, neither is totally blameless. Mr. Richardson, being male, is stronger
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and therefore able to inflict greater physical injury on Ms. Dombrowski than she on him, however,~the Court finds that ~s. Dombrows~as initiated and ~ovoked some of the violent cont~t~~Richardson has been convicted of domestic battery and at least one alcohol related offense.Further,
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the context of a custody deCision, it is clear that neither parent at this time has the
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capaciTy to co-parent or to support the other parent's lOVIngrelationslup with thelTdaughter
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Mutual parental tnvolvement with tlus child has been made worse by Ms. DombrowskJ's
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~nilateral decision to move to Larned, Kansas
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