134 Conn. App. 333
Conn. App. Ct.2012Background
- Judgment dissolving marriage on August 17, 2009 ordered lump sum alimony of $45,000 in three installments.
- By stipulation accepted January 25, 2010, payment schedule modified to $15,000 due Nov 17, 2010; $15,000 due Nov 17, 2011; $10,000 due Nov 17, 2012.
- January 2011 defendant filed contempt for failure to pay first installment; February 14, 2011 hearing led to a corrected order noting wilful noncompliance and arrearage.
- March 14, 2011 order: plaintiff pay $3,100 by bank check and $1,900 in cash, purge reduced to $1,900, plaintiff released from incarceration; contempt found.
- April 11, 2011 order: plaintiff ordered to pay $3,000 by April 25, 2011; matter continued for compliance review; no appeal from the April 11 order.
- Plaintiff appeals claiming absence of hearing and failure to assess ability to pay; appellate court affirms judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether April 11, 2011 order properly found contempt and addressed ability to pay | Manzi contends contempt based on lack of hearing and no ability findings | Manzi failed to show proper basis for contempt findings and lack of hearing is not asserted for that order | No contempt finding on April 11, not supported by record |
| Whether the trial court properly considered ability to pay in contempt proceedings | Court failed to assess ability to pay at contempt times | Record shows findings of wilful noncompliance; transcripts lacking prevent review | Review denied due to absence of transcripts; record inadequate for meaningful review |
| Whether the record supports reviewing contempt rulings given prior orders | Earlier contempt rulings lacked ability-to-pay determinations and hearings | Contempt findings were made in prior orders; no appeal from those findings | Cannot review prior merits due to missing transcript and lack of adequate record |
Key Cases Cited
- Rozsa v. Rozsa, 117 Conn.App. 1 (2009) (rejects premise when record lacks support for central factual claim)
- Collins v. Anthem Health Plans, Inc., 266 Conn. 12 (2003) (need for adequate record to review claimed errors)
- Przekopski v. Zoning Board of Appeals, 131 Conn.App. 178 (2011) (wilful noncompliance with a court order construed as civil contempt)
- Sabanovic v. Sabanovic, 108 Conn.App. 89 (2008) (burden on appellant to provide adequate appellate record)