135 Conn. App. 690
Conn. App. Ct.2012Background
- Married in 1985 and divorced in 2001; two children born during marriage.
- Dissolution judgment incorporated the 2001 separation agreement.
- Article III of the agreement: defendant pays weekly child support and they split private school tuition and activities.
- Article XI: postmajority provision to set aside a joint college fund and to pay at least one-half of tuition and room/board up to a state-university cost.
- Youngest child enrolled at Hampton University in Sept. 2008; tuition credit for plaintiff’s university employment.
- Trial court found defendant liable for one-half of college expenses after deductions, denied his request for credit against unpaid expenses and denied attorney’s fees; order to obtain itemized bills for calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant must reimburse half of first-year college costs including university tuition credits. | Hopson argues contract obligates half of costs regardless of credits. | Hopson contends no provision permits reimbursement for credits or offset. | Affirmed: contract allows half costs despite tuition credits; not an abuse of discretion. |
| Whether defendant is entitled to a credit for post-enrollment child support payments toward college expenses. | Hopson argues no modification occurred and credits should apply. | Hopson claims lack of notice prevented modification opportunity. | Affirmed: separate obligations; court did not abuse discretion denying credit. |
| Whether attorney's fees were warranted for egregious conduct by plaintiff. | Hopson asserts egregious communication failures by plaintiff. | Hopson seeks fees due to plaintiff's conduct. | Affirmed: court has discretion; no abuse in denying fees. |
Key Cases Cited
- Bonhotel v. Bonhotel, 64 Conn.App. 561 (2001) (contract interpretation of postdivorce educational expenses; reimbursement permitted within contract terms)
- Legg v. Legg, 44 Conn.App. 303 (1997) (one-half college costs obligation; room and board distinctions)
- Kakalik v. Bernardo, 184 Conn. 386 (1981) (equity balancing in family matters; abuse of discretion standard)
- LaBossiere v. Jones, 117 Conn. App. 211 (2009) (attorney's fees awarded for egregious litigation conduct)