134 Conn. App. 486
Conn. App. Ct.2012Background
- Marriage dissolved in 2008; dissolution incorporated a separation agreement with $180,000 property settlement and unallocated support of $777 weekly for five years.
- Property agreement designated that the marital residence be transferred to plaintiff, with IRS liens to be released or subordinated, and mortgage refinanced within 90 days after liens resolved.
- Plaintiff contends defendant failed to pay alimony/child support; defendant contends plaintiff failed to cooperate in lien subordination, pay residence expenses, refinance/sell as required, and list the residence for sale.
- Memorandum (2009) granted defendant’s contempt and denied plaintiff’s contempt; plaintiff sought reconsideration and later moved to reopen judgment.
- Trial court later found plaintiff liable for contempt regarding failure to pay residence expenses, and awarded an offset of $52,000 against defendant’s support, plus $14,408 in attorney’s fees; court did not find defendant in contempt.
- This appeal challenges contempt findings, the $52,000 offset, attorney’s fees, and the court’s denial of reconsideration/reopening.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contempt for failing to refinance/sell the residence | Subrogate term ambiguous; misinterprets duties | Subrogate indicates subordinate; plaintiff had duty to cooperate | Contempt affirmed; term misused but evidence supported duties |
| Contempt for failure to pay residence expenses | Contempt as to expenses; $52,000 penalty improper | Civil contempt warranted for nonpayment | Contempt affirmed; offset of $52,000 improper as compensatory sanction |
| Contempt for disposition of the $180,000 lump sum | No specified disposition; punishment improper | Dispositions implicated by court findings | Contempt for disposition rejected; court erred in offsetting but not for disposition |
| Contempt for defendant's nonmodifiable support payments | Defendant wilfully failed to pay support | Inability due to employment/financial hardship | No contempt against defendant; court did not abuse discretion |
| Sanctions and attorney's fees; reconsider/reopen | Fees/offset inappropriate; reconsideration needed | Fees authorized under §46b-87; time spent on contempt matters | Offset reversed; fees related to IRS negotiations excluded; remand for sanctions/fees reconsideration |
Key Cases Cited
- Medvey v. Medvey, 98 Conn. App. 278 (2006) (appellate deference in domestic relations contempt matters)
- In re Leah S., 284 Conn. 685 (2007) (standard for contempt and willfulness in domestic cases)
- DeMartino v. Monroe Little League, Inc., 192 Conn. 271 (1984) (nature of compensatory sanctions in civil contempt)
- Culver v. Culver, 127 Conn.App. 236 (2011) (attorney's fees in contempt actions; §46b-87 authority)
- Kravetz v. Kravetz, 126 Conn. App. 459 (2011) (reasonableness of fees in contempt proceedings)
- Santoro v. Santoro, 70 Conn. App. 212 (2002) (guidelines for offsetting support obligations in equity)
- Evans v. General Motors Corp., 277 Conn. 496 (2006) (context for inferring contract terms from overall memorandum)
- Benvenuti Oil Co. v. Foss Consultants, Inc., 64 Conn.App. 723 (2001) (parol evidence rule and contract integration)