Gray v. Gray
2011 Conn. App. LEXIS 468
Conn. App. Ct.2011Background
- Divorce finalized August 12, 2003; dissolution judgment ordered $6000 annual child support and $2750 monthly alimony.
- September 11, 2005 postjudgment stipulation reduced total payments to $4500 monthly until June 6, 2008, then to return to original levels.
- Defendant paid reduced amounts Oct 2005–June 2008; thereafter paid reduced amounts in June 2008 and deposited funds into separate child-education accounts instead of direct payments to plaintiff.
- November 5, 2008 court found contempt for failing to make direct support payments after June 2008 but modified child support due to substantial change in circumstances while preserving alimony.
- November 23, 2009 court found contempt for pendente lite arrearage ($201,500), recalculated interest but left original arrearage method and monthly payment intact.
- Passports: defendant refused to return children's passports; court ordered return; defendant appealed; court held plaintiff custody of passports appropriate; no reversible error on evidentiary hearing claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contempt for June–October 2008 payment conduct | Gray wilfully violated direct-payment order. | Payments to education accounts were not contemptuous. | Contempt affirmed; conduct was wilful and violated court order. |
| Modification of child support November 5, 2008 | Substantial change warranted reduced child support. | Modifications insufficient to reflect change in circumstances. | Court did not abuse discretion in modifying child support while preserving alimony. |
| Motion to compel financial documents | Documentation necessary for complete financial picture. | Affidavit already completed; more info requested. | No abuse of discretion; court had completed affidavit and record supported denial. |
| Passport order | Return of children's passports necessary to enforce visitation. | Should retain passports; speculation on future travel hindered visitation. | Court permissibly ordered return of passports; not an improper basis for decision. |
| Contempt regarding pendente lite arrearage | Arrearage order properly enforced; willful nonpayment supported contempt. | Nonpayment not wilful or not clearly in contempt status. | Contempt sustained; arrearage order affirmed. |
Key Cases Cited
- Rosato v. Rosato, 77 Conn.App. 9 (2003) (abuse of discretion standard in family matters; findings given deference)
- Kravetz v. Kravetz, 126 Conn.App. 459 (2011) (contempt requires wilful noncompliance; clear findings reviewed for error)
- Hathaway v. Hathaway, 60 Conn.App. 818 (2000) (abuse of discretion standard; determining if court could reasonably conclude)
- Traylor v. State, 128 Conn.App. 182 (2011) (pro se litigants bound by procedural rules and briefing requirements)
- Keating v. Ferrandino, 125 Conn.App. 601 (2010) (issues abandoned on appeal when not properly briefed)
- Edmond v. Foisey, 111 Conn.App. 760 (2008) (sanctions for contempt; makeup visitation as remedy)