148 Conn. App. 279
Conn. App. Ct.2014Background
- Married 1965; dissolution judgment 2008 with alimony of $8000/month plus mortgage and maintenance costs; alimony to increase to $12,000/month after sale of marital home.
- Oldest daughter has Down syndrome and is in defendant's care.
- Plaintiff sought postjudgment modification in 2011; defendant sought contempt in 2011 for missed alimony payments.
- June 29, 2012 hearing: both sides filed financial affidavits; plaintiff claimed $17,009 net per month; defendant claimed $1,775.31 net per month.
- August 8, 2012: court denied modification, found plaintiff in contempt for failing to pay full alimony, and ordered arrearage and attorney’s fees; December 2012: defendant sought appellate fees; judgment reaffirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a substantial change in circumstances warranting modification? | Talbot produced uncontroverted evidence of illness and income drop. | Change in circumstances did not justify modification given ongoing needs and resources. | Court acted within discretion; no substantial change required modification. |
| Was the contempt finding supported? | Contempt arose from health-related nonpayment; not willful. | Nonpayment was willful; plaintiff prioritized personal spending over support. | Contempt upheld; findings supported by record. |
| Were appellate attorney’s fees properly awarded? | Fees improper under §46b-62/§46b-87 given financial hardship. | Court reasonably awarded fees to defend appeal given disparity in finances and need to uphold prior orders. | Affirmed award of appellate attorney’s fees. |
Key Cases Cited
- Lev v. Lev, 10 Conn. App. 570 (1987) (standard for substantial change in circumstances in modification cases)
- In re Leah S., 284 Conn. 685 (2007) (contempt standards and review of underlying order clarity)
- Oldani v. Oldani, 132 Conn. App. 609 (2011) (appellate review of contempt and related fees)
- Medvey v. Medvey, 98 Conn. App. 278 (2006) (attorney’s fees considerations in dissolution matters)
- Taylor v. Taylor, 119 Conn. App. 817 (2010) (46b-62 fee awards in dissolution proceedings)
- Clement v. Clement, 34 Conn. App. 641 (1994) (fee awards and discretion in divorce cases)
- Loughlin v. Loughlin, 280 Conn. 632 (2006) (utilization of changed circumstances and related evidentiary considerations)