132 Conn. App. 339
Conn. App. Ct.2011Background
- Marriage dissolved March 17, 2008; alimony ordered at $4000 per week.
- Plaintiff sought modification on January 2, 2009 alleging substantial change in circumstances.
- Trial court reduced alimony to $1500 per week as of judgment, then to $3000 per week starting January 1, 2010.
- Defendant appealed AC 30879; plaintiff cross-appealed; plaintiff’s appeal dismissed.
- Equitable division involved a Schwab account; stays stayed division pending appeals; stay lifted August 31, 2009.
- Contempt-related and post-judgment motions addressed value and pendente lite provisions in AC 32079 and related proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Modification of alimony based on substantial change in circumstances | Bruno asserts change in earning capacity justifies modification | Bruno contends no substantial change warranted modification | Court abused discretion; no substantial change established |
| Payment of expert witness fees by defendant | Defendant should cover Bartram's deposition fee | Due process and hearing adequate; fee permissible | Golding analysis satisfied; fee upheld after adequate hearing |
| Valuation date for Schwab account division | Value as of dissolution date should govern | Value on August 31, 2009 appropriate due to stay events | Value must be as of dissolution date; error to use later date |
| Pendente lite shelter-cost orders during stay | Shelter costs continued during stay | Pendente lite orders terminate with final judgment; stay does not extend them | Pendente lite orders terminated at dissolution; error to keep in effect during stay |
Key Cases Cited
- Sunbury v. Sunbury, 216 Conn. 673 (Conn. 1990) (value of assets determined at dissolution date for property division)
- Bornemann v. Bornemann, 245 Conn. 508 (Conn. 1998) (date of dissolution proper to value marital estate)
- Kremenitzer v. Kremenitzer, 81 Conn.App. 135 (Conn. App. 2004) (abuse of discretion in modification based on post-dissolution changes)
- Demartino v. Demartino, 79 Conn.App. 488 (Conn. App. 2003) (standard of review for abuse of discretion in family matters)
- Caracansi v. Caracansi, 4 Conn.App. 645 (Conn. App. 1985) (pendente lite shelter orders terminate with final judgment)