171 Conn.App. 851
Conn. App. Ct.2017Background
- Parties married in 1996; no children. Plaintiff (Jennifer) filed for dissolution on April 9, 2014 and served the automatic orders. Main marital assets were the jointly owned Bridgeport rental property and the defendant’s (Winston) Chase retirement account (~$76,064.97 at service).
- After service, Winston withdrew nearly the entire retirement account (April 21 & 23, 2014) and used funds for taxes, rent, furniture, travel, utilities, food, cell phone and attorney fees; about $6,700 remained by trial.
- Plaintiff moved for contempt and for orders concerning the retirement account; trial court found Winston wilfully in contempt, ordered him immediately to transfer current retirement value (~$6,700) and to pay 40% of the $76,064.97 (about $30,425.98) within 30 days.
- Trial court also awarded the Bridgeport property to Jennifer and declared a Jamaica property the defendant’s exclusive property, but ordered Winston to pay Jennifer $20,000 reflecting her contributions when that property is sold or payable in four years.
- Defendant sought articulations on the contempt finding, the retirement-account expenditures, ownership and value of the Jamaica property, and ability to pay; trial court’s articulations were incomplete or inconsistent. Appellate court granted review and directed additional articulation, which still left factual gaps.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the defendant violated automatic orders by depleting retirement account | Plaintiff: withdrawals were wilful and violated automatic orders, justifying contempt | Defendant: withdrawals paid customary and usual household expenses and reasonable fees permitted by Practice Book §25-5(b) | Reversed contempt: trial court’s finding was clearly erroneous because it failed to identify expenditures that violated automatic orders and record showed customary household uses |
| Whether ordering payment of $30,425.98 within 30 days was proper | Plaintiff: 40% award justified as remedy for contempt and asset depletion | Defendant: court did not assess his present ability to pay; he had little cash and no income | Reversed payment order: court abused discretion by ordering large lump-sum without finding ability to pay or weighing statutory §46b-81 factors |
| Whether the Jamaica property was defendant’s and whether $20,000 award was supported | Plaintiff: property is defendant’s; Jennifer deserves reimbursement for contributions | Defendant: no documentary proof of title, value, encumbrances, or capacity to pay; findings unsupported | Reversed property/order: no competent evidence or factual findings supported exclusive ownership or $20,000 award; court failed to evaluate ability to pay |
| Remedy and disposition | Plaintiff: uphold financial awards and contempt to preserve marital estate | Defendant: remand for reconsideration and correct factual findings | Court: reversed in part (financial orders and contempt), remanded for further proceedings; affirmed other aspects of dissolution |
Key Cases Cited
- Greenan v. Greenan, 150 Conn. App. 289 (Conn. App. 2014) (automatic-order violations require spending beyond customary household expenses)
- Czarzasty v. Czarzasty, 101 Conn. App. 583 (Conn. App. 2007) (depletion of joint account shortly after divorce filing supported contempt where funds were not shown to be used for permitted purposes)
- Greco v. Greco, 275 Conn. 348 (Conn. 2005) (trial court must consider statutory factors in property distribution and defendant’s ability to pay is material)
- Gyerko v. Gyerko, 113 Conn. App. 298 (Conn. App. 2009) (court may reject unsupported testimony about foreign property ownership without documentary proof)