132 Conn. App. 291
Conn. App. Ct.2011Background
- Married in 1982; three children born 1989, 1992, and 1995.
- Dissolution action filed June 2004; parenting plan approved in June 2006 and incorporated in judgment.
- Parties shared physical custody with no ongoing child support but equally shared child-related expenses.
- Binding arbitration in 2006–2007; arbitrator awarded defendant first choice of garage items; judgment entered November 28, 2007.
- Postdissolution motions alleged noncompliance with arbitration and court orders; several modifications sought in 2008–2009; December 31, 2009 decision issued.
- January–March 2010 clarified orders; appeal followed; court ultimately reversed in part and remanded for new hearings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did court properly modify child support under §46b-86? | Budrawich contends deviation from guidelines unsupported. | Budrawich argues combined award exceeds guidelines and ignores shared custody. | Abused discretion; remanded for new hearing. |
| Did court properly modify personal-property award from arbitration? | Arbitrator’s garage/cellar allocations should be honored; court erred in modification. | Plaintiff waived rights by not timely objecting; some items destroyed. | Order improper; remand for rehearing on contempt. |
| Was the stock/option transfer award properly calculated and ordered? | Court could enforce transfer percentages despite unvested stock. | Cannot set a fixed monetary sum for unvested stock transfers; require factual vesting dates and values. | Potential error; remand for complete contempt hearing. |
Key Cases Cited
- Weinstein v. Weinstein, 104 Conn. App. 482 (Conn. App. 2007) (modification standards; substantial change or deviation from guidelines)
- Kiniry v. Kiniry, 299 Conn. 308 (Conn. 2010) (presumptive guideline amount; justification for deviation; shared custody guidance)
- Favrow v. Vargas, 231 Conn. 1 (Conn. 1994) (need on-record findings when deviating from guidelines)
- Maturo v. Maturo, 296 Conn. 80 (Conn. 2010) (net income basis for support; not gross income)
- Stechel v. Foster, 125 Conn. App. 441 (Conn. App. 2010) (court has power to effectuate judgments post-entry)