Bock v. Bock
2011 Conn. App. LEXIS 173
Conn. App. Ct.2011Background
- Dissolution judgment (Aug. 15, 2006) retained jurisdiction to enter educational support orders under §46b-56c and created UTMA accounts for four years of college costs.
- January 29, 2007 educational support agreement expressly references §46b-56c; no incorporation by reference under §46b-66.
- June 2, 2008 modification added John’s costs; agreement approved and made an order of the court.
- Matthew attended Ashland University (2006-2008); later actual attendance at Norwalk Community College (2008-2009); plaintiff deposited $10,200 for 2008-2009 and later $1,500 for 2009-2010 upon learning of change.
- August 22, 2009 plaintiff deposits $1,500; September 4, 2009 defendant files postjudgment motion for contempt alleging arrearage of $8,903.
- Trial court dismissed both the modification and contempt motions for lack of jurisdiction, finding no §46b-56c compliance and no valid incorporation under §46b-66.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jurisdiction exists under §46b-56c for postmajority educational support orders | Agreements were intended as §46b-56c educational support orders. | Agreements were not valid §46b-56c orders and not properly incorporated by §46b-66. | No jurisdiction under §46b-56c; agreements not valid §46b-56c orders. |
| Whether the agreements were validly incorporated by reference under §46b-66 | Not necessary to address incorporation; focus is §46b-56c | The agreements were incorporated by reference pursuant to §46b-66. | Not validly incorporated under §46b-66; no basis for postmajority contempt. |
Key Cases Cited
- Kelman v. Kelman, 86 Conn.App. 120 (Conn. App. 2005) (limitations on four-year educational obligation and related authority)
- Sander v. Sander, 96 Conn.App. 102 (Conn. App. 2006) (harmless error when statutory findings missing; implied dissolution-created trust effects)