138 Conn. App. 272
Conn. App. Ct.2012Background
- Larson and Larson were married in 1982 and have two minor children; dissolution occurred on January 31, 2003.
- Judgment of dissolution ordered alimony of $500 weekly and child support of $347 weekly.
- Prior modifications reduced child support to $424 weekly; alimony previously adjusted in earlier proceedings.
- On November 17, 2010, Larson filed an amended motion to modify alimony and child support due to income changes; Matilde Larson filed contempt and counsel-fees motions.
- On December 7, 2010, the trial court reduced alimony and child support and granted contempt and counsel-fees motions.
- The court found Larson had the means to pay based on employment 2006–2009 and made retroactive adjustments to March 1, 2010; contempt and fees were upheld, and the judgment was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the modification awards were properly calculated | Larson contends calculation errors and improper retroactivity | Larson’s arguments misstate figures; court acted within discretion | No abuse; calculations and retroactivity within discretion |
| Whether Larson was properly found in contempt | Larson lacked willful noncompliance due to insufficient funds | Larson had means to pay; noncompliance was willful | Contempt finding was not an abuse of discretion |
| Whether attorney’s fees were properly awarded in contempt | Larson challenged reasonableness of fees | Court allowed challenge and exempted no due process flaw | Fees award upheld; plaintiff had opportunity to challenge reasonableness |
Key Cases Cited
- In re Leah S., 284 Conn. 685 (2007) (review of contempt findings; clear and unambiguous orders)
- Nicholson v. Nicholson, 66 Conn. App. 885 (2001) (deference to trial court in modification decisions)
- Oldani v. Oldani, 132 Conn. App. 609 (2011) (standard for reviewing contempt findings)
- Allen v. Allen, 134 Conn. App. 486 (2012) (attorney’s fees in contempt as punitive not compensatory)
- Dobozy v. Dobozy, 241 Conn. 490 (1997) (court may sanction with attorney’s fees; must allow challenge to reasonableness)