Stechel v. Foster
125 Conn. App. 441
| Conn. App. Ct. | 2010Background
- Marriage dissolution on May 21, 2008; separation agreement not reduced to writing but conveyed orally at dissolution.
- Judgment required defendant to transfer to plaintiff her QDRO-vested pension amount (~$734,000) and repay a $50,000 loan from pension.
- Court stated, during canvass, that there should be approximately $734,000 in the QDRO absent fluctuations.
- Defendant later refused to sign the QDRO; plaintiff moved to enjoin; defendant argued decreased QDRO value (~$605,000) due to market conditions.
- March 27, 2009: court granted motion to enjoin, ordered transfer of existing QDRO amount to plaintiff and to address a deficiency to reach $734,000 via sale of assets.
- Plaintiff appealed; appellate court held the March 27, 2009 order improperly modified the property division and reversed that portion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the March 27, 2009 order modified the property division | Foster modified by setting fixed sum of $734,000 | Order was a modification of dissolution judgment and required process | Yes; improper postjudgment modification |
| Whether the record adequacy supports review without a signed memorandum/transcript | Record sufficient to review | Record defect precludes review | Record adequate for review despite unsigned transcript; nevertheless reversal on modification stands |
Key Cases Cited
- Roos v. Roos, 84 Conn.App. 415 (2004) (court cannot modify property division after dissolution; postjudgment orders permissible to effect judgment)
- Bunche v. Bunche, 180 Conn. 285 (1980) (limits on continuing jurisdiction over property assignments)
- In re Diamond J., 121 Conn.App. 392 (2010) (adequacy of record for review when 64-1 requirements are not met)
- Wells Fargo Bank of Minnesota, N.A. v. Morgan, 105 Conn.App. 856 (2008) (adequacy of record; burden on appellant to provide record for review)
- State v. Denya, 294 Conn. 516 (2010) (statutory interpretation of court orders and judgments; general principles on construction)
- Bank of America, FSB v. Franco, 57 Conn.App. 688 (2000) (recording/transcription requirements and reviewability)
- Cifaldi v. Cifaldi, 118 Conn.App. 325 (2009) (property as defined in §46b-81 includes vested pension rights)