196 Conn.App. 13
Conn. App. Ct.2020Background
- Parties married in Cairo in 1997; two daughters (now adults). The family moved to the U.S.; the marital home was in Cos Cob (453 East Putnam Avenue).
- Defendant Obaiah worked for many years as an information technology (IT) consultant; earned about $117,000 prior to a 2012 layoff and did some IT work in 2013 but thereafter earned much less in customer-service jobs.
- In summer 2009 the defendant abruptly left the marital home (moved to Canada), and the parties remained separated despite the plaintiff’s attempts to reconcile.
- Beginning in 2011 the defendant acquired multiple properties (several in Bridgeport and a Mohegan Lake, NY property); some purchases involved funds from his mother in Egypt or title questions.
- Plaintiff Al‑Fikey filed for dissolution in 2013; after a multi-year, multi-day trial the court (Tindill, J.) entered judgment on October 31, 2017, finding the defendant at fault, concluding he was intentionally underemployed (awarding alimony based on earning capacity), and including eleven properties in the marital estate (awarding Mohegan Lake to the plaintiff and several Bridgeport properties to the defendant).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred in finding Obaiah at fault for the marriage breakdown | Al‑Fikey argued Obaiah abandoned the family (abrupt 2009 departure) and caused the breakdown | Obaiah argued the fault finding was unsupported by the evidence | Court affirmed: ample evidence (abrupt leaving, prolonged separation); fault finding not clearly erroneous |
| Whether the court erred in finding Obaiah intentionally underemployed and basing support on earning capacity | Al‑Fikey argued Obaiah restricted his earning capacity and support should be based on his capacity | Obaiah argued his IT qualifications are outmoded and he cannot earn at prior IT levels | Court affirmed: it found Obaiah’s income testimony not credible, evidence he worked in IT as recently as 2013 and failed to upgrade skills; intentional underemployment finding and earning‑capacity basis upheld |
| Whether the court improperly included and distributed certain properties as marital assets | Al‑Fikey sought property relief (Mohegan Lake in lieu of foreclosed Cos Cob) and inclusion of properties in estate | Obaiah argued numerous properties were not marital (no contribution by Al‑Fikey and lack of title at dissolution) | Court affirmed: property division was within broad discretion, awarded Mohegan Lake to Al‑Fikey, Washington Terrace + seven Bridgeport properties to Obaiah, and left Egyptian property interests with respective owners |
Key Cases Cited
- Emerick v. Emerick, 170 Conn. App. 368 (2017) (standard of review in family cases and deference to trial court credibility findings)
- Jewett v. Jewett, 265 Conn. 669 (2003) (treats fault findings in dissolution actions under clearly erroneous standard)
- Tanzman v. Meurer, 309 Conn. 105 (2013) (permitted use of earning capacity rather than actual income when a party willfully restricts employment)
- Milazzo‑Panico v. Panico, 103 Conn. App. 464 (2007) (earning capacity findings reviewed for clear error)