134 Conn. App. 848
Conn. App. Ct.2012Background
- Defendant Daniel Parlato withdrew $250,000 from the parties' joint home equity line of credit on January 3, 2011 without plaintiff Karen Parlato's knowledge or consent.
- Plaintiff filed a dissolution action against defendant on January 31, 2011; the return date was February 15, 2011.
- Plaintiff moved for a pendente lite order on March 1, 2011 to require repayment of the $250,000 to the marital estate.
- On March 21, 2011, the court ordered the defendant to return the $250,000 by April 4, 2011.
- Defendant failed to return the funds; court held him in contempt and imposed a $125,000 cash bond and potential incarceration if not posted; subsequent hearings occurred through May 2011.
- Court found the actions amounted to concealment of marital assets and that the automatic orders governing pendente lite proceedings applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court had authority to order repayment of pre-petition funds | Parlato argues the court had equitable authority to remedy dissipation. | Parlato contends no authority to order repayment for funds taken before dissolution action. | Court had authority to order repayment; contempt affirmed. |
| Whether contempt finding was proper for noncompliance with the order | Parlato asserts continued noncompliance justified contempt. | Parlato argues no willful contempt due to lack of funds or improper basis for order. | Contempt affirmed; failure to comply with the order supported finding of wilful disobedience. |
| Whether money was dissipated or concealed, justifying the contempt | Parlato contends funds were dissipated/don’t need to be returned. | Parlato claims money was given to daughter for debt repayment. | Court found concealment/protection of assets; equitable power to order return upheld. |
Key Cases Cited
- Baker v. Baker, 95 Conn.App. 826 (Connecticut Appellate 2006) (contempt requires wilful noncompliance beyond mere noncompliance)
- LaBow v. LaBow, 13 Conn.App. 330 (Connecticut Appellate 1988) (inherent equitable powers authorize relief in domestic relations)
- Febbroriello v. Febbroriello, 21 Conn.App. 200 (Connecticut Appellate 1990) (equitable powers and dissipation concerns in domestic matters)
- Darak v. Darak, 210 Conn. 462 (Connecticut 1989) (broad equity power to resolve marital disputes)
- Pappas v. Pappas, 164 Conn. 242 (Connecticut 1973) (defendant bears consequences for concealed assets)