142 Conn. App. 775
Conn. App. Ct.2013Background
- Marriage in 2007; daughter born that year.
- dissolution filed Feb. 4, 2010; sought child support and joint custody.
- Guardian ad litem Girolamo appointed March 29, 2010.
- Trial held Sept. and Oct. 2011; custody/visitation largely per GAL recommendations.
- Travel costs and other family obligations cited; presumptive support $100/week; deviation to $75/week; $41/week day care.
- Guardian ad litem fees: court ordered $5000 sua sponte; parties to pay two-thirds plaintiff, one-third defendant; Girolamo stated state-paid up to $1000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deviation from child support guidelines | Kavanah: deviation unsupported | Kavanah’s claim denied; deviation justified by travel | Deviation abused; remand for new hearing |
| Sua sponte guardian ad litem fees | Kavanah: fees improperly ordered without request | Kavanah/Guar. ad litem proceedings valid | Fees order improper; judgment vacated on this issue; remand for financial issues only |
Key Cases Cited
- Maturo v. Maturo, 296 Conn. 80 (2010) (deviation from guidelines requires on-record justification)
- Budrawich v. Budrawich, 132 Conn. App. 291 (2011) (need on-record findings before deviation from guidelines)
- O'Brien v. O’Brien, 138 Conn. App. 544 (2012) (need on-record basis for deviation; reviewability)
- Baker v. Baker, 47 Conn. App. 672 (1998) (failure to specify deviation criteria warrants reversal)
- Ruggiero v. Ruggiero, 76 Conn. App. 338 (2003) (court’s discretion in evaluating guardian ad litem fees)