203 Conn.App. 652
Conn. App. Ct.2021Background
- Parties divorced after a separation agreement requiring the defendant to pay the plaintiff $425,000 in installments; if he divested property, immediate payment was required.
- A June 1, 2011 court order implemented a settlement: $350,000 to plaintiff, $175,000 from an East Windsor sale and $175,000 as lump‑sum alimony to be paid $200/week for one year then $300/week until paid in full.
- Plaintiff filed a postjudgment contempt motion (Feb. 2019) alleging the defendant owed $62,510 of the lump‑sum alimony and had missed recent weekly payments.
- At an evidentiary hearing both parties (self‑represented) offered competing accountings and letters; the trial court credited plaintiff’s accounting, found defendant not credible, and held him in contempt, ordering a payment schedule to satisfy the balance.
- Plaintiff then obtained counsel and sought $10,000 in appellate attorney’s fees; the trial court awarded $10,000 (to be paid at $100/week), finding the award necessary to avoid undermining the contempt judgment and prior financial orders.
- Defendant appealed both the contempt finding and the award of appellate fees; the Appellate Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly found defendant in civil contempt for failing to pay lump‑sum alimony under the June 2011 order | Giordano: order was clear; defendant failed to pay the outstanding $62,510 and missed weekly payments; contempt appropriate | Giordano: he had a good‑faith belief (supported by his letters and accounting) that he had paid in full, so noncompliance was not willful | Court: order was clear; trial court credited plaintiff’s accounting, discredited defendant’s evidence and letters, and reasonably found willful violation — contempt affirmed |
| Whether appellate attorney's fees should be awarded to plaintiff under §46b‑62 | Giordano: fees necessary to avoid undermining the contempt judgment and prior financial orders | Giordano: defendant lacks ability to pay; paragraph in June 2011 order disapproved fee awards ("each party responsible for own fees") | Court: trial court found defendant not credible re inability to pay and concluded fee award was necessary to prevent undermining prior orders; award of $10,000 affirmed |
Key Cases Cited
- Hall v. Hall, 335 Conn. 377 (Conn. 2020) (standards for reviewing civil contempt findings)
- Greco v. Greco, 275 Conn. 348 (Conn. 2005) (credibility findings afforded deference on appeal)
- Maguire v. Maguire, 222 Conn. 32 (Conn. 1992) (awarding counsel fees when failure to do so would undermine prior financial orders)
- Ramin v. Ramin, 281 Conn. 324 (Conn. 2007) (Maguire framework for counsel fee awards in dissolution cases)
- Lynch v. Lynch, 153 Conn. App. 208 (Conn. App. 2014) (discussing attorney’s fees reasonableness and discretion)
- Fronsaglia v. Fronsaglia, 202 Conn. App. 769 (Conn. App. 2021) (deference to trial court credibility determinations)
- Casiraghi v. Casiraghi, 200 Conn. App. 771 (Conn. App. 2020) (appellate review standards for family law findings)
- Giordano v. Giordano, 127 Conn. App. 498 (Conn. App. 2011) (prior appeal affirming contempt in related postjudgment matter)