Colbert v. Carr
140 Conn. App. 229
| Conn. App. Ct. | 2013Background
- Colleen Colbert filed a paternity action against Charles Carr after their son was born in 1998, alleging Carr acknowledged paternity and should provide support.
- Carr acknowledged paternity at birth and repeatedly thereafter; he paid child support voluntarily for years.
- Birth certificate named Carr as the father; the initial petition and paternity status were uncontested for trial purposes.
- The trial court treated the matter as a paternity case under §46b-160, but with focus on child support rather than establishing paternity anew.
- The court ordered child support under guidelines, reserved postmajority educational support, and denied Colbert’s requests for retroactive support of three years and for attorney’s fees.
- Colbert appeals, arguing the court should award attorney’s fees, grant retroactive support, and deviate from guidelines; Carr defends the court’s discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney’s fees mandatory under §46b-171(a) (1)(B)? | Colbert | Carr | No; fees not mandatory where paternity is established by acknowledgment; court had discretion. |
| retroactive child support for three years? | Colbert | Carr | Not abused; ongoing payments and amounts aligned with guidelines; no error in denial. |
| Deviation from child support guidelines? | Colbert | Carr | No; court properly declined deviation; best interests and equitable factors not met. |
Key Cases Cited
- Hayes v. Smith, 194 Conn. 52 (1984) (strict construction of paternity statutes; fee issues depend on context)
- Weidenbacher v. Duclos, 234 Conn. 51 (1995) (jurisdiction and procedures for paternity and related actions)
- Pagliaro v. Jones, 75 Conn. App. 625 (2003) (guideline limits for discretion in child support determinations)
- Vanicky v. Vanicky, 128 Conn. App. 281 (2011) (appellate deference to trial court’s domestic relations rulings)