128 Conn. App. 405
Conn. App. Ct.2011Background
- Divorce of Tanzman and Meurer finalized November 6, 2006; unallocated alimony and child support ordered at $16,000 monthly for 14 years, based on earning capacity rather than fixed incomes.
- Court acknowledged plaintiff had earning capacity far beyond his current earnings, but did not assign a specific monetary value to earning capacity at the time of divorce.
- Plaintiff filed a postjudgment motion on January 9, 2008 seeking downward modification due to substantial change in financial circumstances.
- During the hearing, plaintiff acknowledged 2008 taxable income would exceed $800,000, but introduced evidence of new employment with annual earned income of $100,000.
- Trial court denied modification on October 7, 2008, holding no substantial change in circumstances and noting the award was based on earning capacity, not earned income.
- Appellate court affirmed, holding that postjudgment employment gains did not constitute a substantial change in circumstances and that earning capacity remained the relevant basis for the award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether postjudgment employment of $100,000 is a substantial change | Tanzman argues substantial change in circumstances. | Meurer argues no substantial change. | No substantial change; affirmed. |
| Whether lack of monetary value for earning capacity invalidates analysis | Tanzman argues court must assign monetary value to earning capacity. | Meurer argues court may rely on earning capacity without precise value. | Court properly relied on earning capacity without assigning exact monetary value. |
Key Cases Cited
- Crowley v. Crowley, 46 Conn.App. 87 (1997) (threshold substantial change requirement for modification under §46b-86(a))
- Gervais v. Gervais, 91 Conn.App. 840 (2005) (modification only if order conforms to distinct changes in circumstances)
- Schade v. Schade, 110 Conn.App. 57 (2008) (standard for evaluating modification petitions in domestic relations)
- Weinstein v. Weinstein, 87 Conn.App. 699 (2005) (earning capacity as basis for financial awards; not strictly earned income)
- Hart v. Hart, 19 Conn.App. 91 (1989) (earnings capacity appropriate where payor avoids employment in field)