Yao Gong v. Xuanwei Huang
129 Conn. App. 141
| Conn. App. Ct. | 2011Background
- Gong filed for dissolution of marriage against Huang in July 2007; two minor children.
- Pendente lite orders required Huang to pay child support, day care, and alimony, and to maintain mortgage and common charges on the Norwalk condo.
- Final judgment (May 22, 2009) dissolved the marriage, ordered sale of condo and Shanghai property with equal proceeds, and denied alimony/child support; auto value disparity awarded $5000 to Gong.
- Huang filed multiple postjudgment and contempt motions alleging, among other things, failure to return personal property and nonpayment of condo obligations; court issued amended decisions addressing these issues.
- The court found Shanghai property marital, ordered sale, and retained retirement accounts; ultimately, it denied retroactive alimony and did not award contempt for plaintiff’s alleged noncompliance with certain orders.
- This court reviews alleged abuses of discretion in domestic relations matters with deference to the trial court’s credibility determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of pendente lite alimony rulings | Huang claims delay harmed him; court should rule promptly. | Court violated timing expectations by delaying rulings. | No abuse; delay attributable to both parties; final judgment terminated pendente lite alimony. |
| Retroactive termination of alimony | Court should retroactively terminate alimony to April 2008. | Court erred by not making retroactive termination. | Record inadequate for review; cannot determine on appeal. |
| Dissipation of marital assets | Gong dissipated assets by transferring funds to China; court ignored evidence. | Court failed to credit dissipation findings in final distribution. | Court credited asset transfer to China; assets deemed marital; retirement accounts retained; no abuse of discretion. |
| Contempt motions related to property and condo obligations | Court should enforce contempt for failure to return property and condo payments. | Court failed to rule on contempt or adequately address property issues. | Court acted within discretion; amended decision found no contempt for personal property; condo remedy addressed through deduction from Gong’s share. |
| Visitation modification | Court should modify visitation terms to reflect best interests. | Court erred in not adequately considering his motion to modify visitation. | Claim abandoned for inadequate briefing; no review on this issue. |
| Automobile value disparity award | Award reflects overall asset valuation and need for balance. | Court failed to consider all assets and valuation properly. | Court properly weighed evidence; no abuse of discretion; award affirmed. |
Key Cases Cited
- Shaulson v. Shaulson, 125 Conn.App. 734 (2010) (abuse of discretion in domestic relations reviewed with deference to trial court findings)
- Evans v. General Motors Corp., 277 Conn. 496 (2006) (finality of orders and interrelated effects of judgments on pending issues)
- de Repentigny v. de Repentigny, 121 Conn.App. 451 (2010) (appellate deference to trial court credibility determinations)
- Mickey v. Mickey, 292 Conn. 597 (2009) (motions for clarification cannot modify substantive terms of judgments)
- Clark v. Clark, 127 Conn.App. 148 (2011) (alimony pendente lite retroactivity and purposes)