Prioleau v. Agosta
AC47221
Conn. App. Ct.Apr 15, 2025Background
- Keith Prioleau (plaintiff) and Nitza Agosta (defendant) are parents of a minor child; the plaintiff had been awarded joint legal custody.
- In a separate child support action, a family support magistrate ordered Prioleau to pay weekly child support and found a large arrearage.
- Prioleau did not timely appeal the child support order to the Superior Court as allowed by statute but instead later sought to correct it and remove sanctions, arguing hardships from the order's characterization of arrearage and enforcement actions.
- The trial court denied Prioleau’s motion to correct the order, stating it lacked authority to do so absent a timely appeal under the statutory scheme, and denied his subsequent motion to reargue.
- The trial court decisions were appealed to the Appellate Court, which affirmed the lower court’s rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to modify/correct child support order | Court should correct magistrate’s child support order | No jurisdiction without proper appeal | Court lacked authority without timely statutory appeal |
| Denial of motion to reargue | Court should revisit/correct initial denial | No new legal basis for reconsideration | Denial upheld; no abuse of discretion, no new legal grounds |
| Impact of custody on child support obligations | Actual custody should negate need for child support | Maintains child support order | Court lacked jurisdiction to review support terms without appeal |
| Challenge to sanctions imposed from child support order | Sanctions caused undue hardship; should be reversed | Sanctions are consequence of nonpayment | No jurisdiction to review as no timely appeal was perfected |
Key Cases Cited
- Pritchard v. Pritchard, 103 Conn. App. 276 (Superior Court cannot retroactively vacate a family support magistrate’s final order absent a proper statutory appeal)
- O’Toole v. Hernandez, 163 Conn. App. 565 (Superior Court must act within statutory scheme regarding family support magistrate decisions)
- Shear v. Shear, 194 Conn. App. 351 (jurisdiction requires proper appeal from family support magistrate decision)
- Prioleau v. Agosta, 220 Conn. App. 248 (prior determination that failure to appeal precludes review of child support order arguments)