The defendant appealed from the judgment of the trial court finding him in contempt for failing to pay alimony in accordance with its order.
Attendant on its November 6, 1969 judgment divorcing the parties to this action, the trial court entered orders concerning alimony, custody and child support. On January 2,1976, that court modified its 1969 judgment to include an escalator clause requiring the defendant to pay to the plaintiff “twenty-five per cent of his adjusted gross income in excess of $40,000 per year.” The modified judgment further provided that “[t]he words ‘adjusted gross income’ shall have the meaning attributed to them in Federal income tax returns. The twenty-five per cent adjustment, if any, is to be made currently, on a good faith estimate of the defendant’s expected adjusted gross income for the year in which the payments are due. A final adjustment shall be made on or before May 1st of the following year. The defendant is to provide to the plaintiff a copy of his Federal income tax report on or before May 1 of each year.”
In September, 1979, the plaintiff filed a motion for contempt, alleging that the defendant had failed to pay alimony in accordance with the court’s modified judgment of January 2,1976. More specifically, she contended that when computing his 1977 and 1978 payments, the defendant should not have utilized the 1977 change in the tax laws not contemplated by the parties or the court, but rather should have applied the definition of adjusted gross income in effect on the date of the modification. Agreeing with that contention, the trial court found the
Courts have inherent power to coerce compliance with their orders through appropriate sanctions for contemptuous disobedience of them.
Papa
v.
New Haven Federation of Teachers,
There is error, the judgment is set aside and the case is remanded with direction to deny the motion for contempt.
In this opinion the other judges concurred.
Notes
26 U.S.C. § 62 (Sup. IV 1980) provides in pertinent part: “[T]he term 'adjusted gross income’ means, in the case of an individual, gross income minus the following deductions: . . . (13) Alimony. The deduction allowed by Section 215.”
We have previously considered the effect of statutory revision upon the provisions of a divorce decree. For example, in
Kennedy
v.
Kennedy,
In
Marcus
v.
Marcus,
Whether the decision reached on this appeal would be the same had the plaintiff sought a modification based on an unanticipated change of circumstances is not before the court. General Statutes § 46b-86 (a);
Noce
v.
Noce,
