153 Conn.App. 343
Conn. App. Ct.2014Background
- Marriage in 1992; two children; dissolution in 2005 with separation agreement incorporated into judgment.
- Postjudgment agreement after Giordano v. Giordano (2011) settled claims; June 2011 order set payments and 50% sharing of certain funds from LandAmerica bankruptcy toward alimony.
- Defendant received LandAmerica bankruptcy proceeds via a corporate structure; funds were intended as part of the property settlement and alimony obligations.
- In 2012 plaintiff moved for contempt alleging defendant failed to pay 50% of LandAmerica proceeds as required; funds were placed in escrow and later released.
- January 7, 2013 contempt hearing awarded contempt, costs, and attorney’s fees; February 7, 2013 clarification limited release to net funds.
- Defendant sought modification of child support due to majority of one child; court reduced support retroactively to January 7, 2013; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether contempt was proper for nonpayment under June 2011 order | Giordano claims clear obligation to pay 50% of LandAmerica funds. | Giordano argues funds were not “additional” or payable to plaintiff. | Yes; order unambiguous; contempt upheld. |
| Whether attorney's fees were proper in contempt | Fees authorized by 46b-87 and the separation agreement. | Paragraph 7 bars further claims including fees. | Yes; fees awarded under statute and contract interpretation. |
| Whether child support modification was properly calculated | Credibility of plaintiff’s guidelines worksheet supported modification. | Deductions and tax figures misaligned; tax evidence hearsay concern. | Yes; court did not abuse discretion in modification. |
Key Cases Cited
- In re Leah S., 284 Conn. 685 (Conn. 2007) (contempt standard; two-step inquiry for clarity and wilfulness)
- Giordano v. Giordano, 127 Conn. App. 498 (Conn. App. 2011) (earlier appellate decision on similar issues governing contempt)
- ACMAT Corp. v. Greater New York Mutual Ins. Co., 282 Conn. 576 (Conn. 2007) (American rule and exceptions for attorney’s fees)
- Lawrence Brunoli, Inc. v. Branford, 247 Conn. 407 (Conn. 1990s) (contract interpretation; avoid bizarre results)
- Creatura v. Creatura, 122 Conn. App. 47 (Conn. App. 2010) (interpretation of contract provisions to reach reasonable result)
- Weinstein v. Weinstein, 104 Conn. App. 482 (Conn. App. 2007) (domestic relation findings; standard of review)
- Golden v. Mandel, 110 Conn. App. 376 (Conn. App. 2008) (child support guidelines; gross vs net income)