188 Conn. App. 574
Conn. App. Ct.2019Background
- Parties divorced after a 47‑year marriage by a 2004 dissolution judgment that ordered defendant to pay alimony equalizing incomes (half of his Mobil pension plus social security adjustments), provide annual tax returns/1099s/K‑1s, and split proceeds of a $375,000 bond posted by defendant when he started a business.
- Alimony was modified by agreement and later reinstated; by 2012 the parties agreed on monthly payments of $609.15 until plaintiff sought further modification in 2015/2017.
- Plaintiff filed amended contempt motions (2015, amended 2017) alleging failures: provide tax returns/forms, comply with bond‑proceeds order/reporting, timely alimony, credit‑card and passport disclosure, and produce credit report. She also moved to modify alimony claiming changed circumstances.
- After multi‑day hearings, the trial court: (1) found some late alimony but not wilful contempt; (2) found wire transfer fees deducted by defendant reduced alimony and ordered reimbursement of $391.50; (3) found defendant not wilfully in contempt for failing to pay bond proceeds but in contempt for failing to provide six‑month bond status reports and for not producing tax returns/passport; (4) ordered remedial measures including interest (5% annual) on unpaid half of bond if not paid by 10/31/2017; (5) granted modification increasing alimony to $1,300/month retroactive to 7/1/2015 and structured repayment of arrearage.
- The court relied on evidence that defendant’s current wife regularly provided funds and paid household expenses; lacking documentary proof of loans or repayment terms, the court characterized those transfers as gifts and included them in defendant’s net income for alimony calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether alimony should be modified (increase to $1,300/mo + arrearage payments) | Changed circumstances: defendant’s increased resources and ongoing support nearly equalize incomes; needs justify increase | Court erred in treating wife's contributions as income (they were loans); award excessive given his income | Affirmed: substantial change found; court properly considered wife's ongoing contributions as gifts/support in computing defendant’s net income and needs of parties justified award |
| Characterization of wife's payments (gifts v. loans) | N/A (plaintiff relied on evidence of support) | Payments were loans that should not count as defendant’s income | Trial court’s factual finding (gifts) upheld: no promissory notes, no repayment terms/evidence; credibility resolved against defendant |
| Sanctions: award of plaintiff’s travel expenses and attorney’s fees as contempt sanction | Fees/travel justified by defendant’s contempt for failing to provide reports/tax returns/passport | Unfair because plaintiff previously failed to appear and defendant was denied related sanctions; also challenges fee award | Partially unreviewed: defendant failed to preserve argument about plaintiff’s missed appearance; court’s award stands as to amounts it granted |
| Remedial orders: interest on unpaid bond share and reimbursement for wire fees | Plaintiff sought enforcement/measures to make her whole (interest if late; reimbursement for reduced alimony) | Defendant argued interest and reimbursement improper because delays/technical issues excused nonpayment | Affirmed: court has inherent authority to effectuate its judgment; ordering 5% interest after a deadline and reimbursing $391.50 for bank fees was a proper remedial exercise even absent wilful violation |
Key Cases Cited
- Schwarz v. Schwarz, 124 Conn. App. 472 (Conn. App. 2010) (standard of review and factors for modification of alimony)
- Rubenstein v. Rubenstein, 172 Conn. App. 370 (Conn. App. 2017) (§ 46b‑86 modification timing and burden)
- Keller v. Keller, 167 Conn. App. 138 (Conn. App. 2016) (characterization of payments as loans v. gifts is fact question tied to documentation and credibility)
- Zahringer v. Zahringer, 124 Conn. App. 672 (Conn. App. 2010) (example where documentation supported classification as loans)
- Desai v. Desai, 119 Conn. App. 224 (Conn. App. 2010) (example where lack of documentation led to finding payments were not loans)
- McGuinness v. McGuinness, 185 Conn. 7 (Conn. 1981) (consideration of spouse’s income/support in assessing supported spouse’s needs)
- O'Brien v. O'Brien, 326 Conn. 81 (Conn. 2017) (trial court’s inherent authority to make a party whole for violation of court order)
- Papa v. New Haven Federation of Teachers, 186 Conn. 725 (Conn. 1982) (trial court authority to enforce its orders)
- AvalonBay Communities, Inc. v. Plan & Zoning Commission, 260 Conn. 232 (Conn. 2002) (non‑wilful violations do not strip court of enforcement authority)
- Brody v. Brody, 153 Conn. App. 625 (Conn. App. 2014) (continuing jurisdiction to effectuate prior judgments)
- Clement v. Clement, 34 Conn. App. 641 (Conn. App. 1994) (remedial awards available even without contempt finding)