54 Conn. App. 634 | Conn. App. Ct. | 1999
Opinion
The defendant, Alan Panganiban, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Roxanna Panganiban, awarding alimony to the plaintiff, ordering the defendant to obtain certain life insurance policies and awarding attorney’s fees to the plaintiff. He claims that the trial court improperly (1) exercised personal jurisdiction over him pursuant to General Statutes § 46b-46 without the prerequisite showing of minimum contacts with Connecticut and, alternatively, if the court had personal jurisdiction, it abused its discretion in making the award of alimony, (2) ordered him to obtain and maintain life insurance without any evidence of insurability, availability or cost of such insurance and (3) awarded attorney’s fees to the plaintiff in the amount of $3500. We reverse the judgment with respect to the life insurance and the amount of attorney’s fees and affirm the judgment in all other respects.
The plaintiff commenced the present action in May, 1996, seeking, inter alia, a dissolution of the parties’ marriage, alimony and counsel fees. Counsel for the defendant appeared and timely moved to dismiss those portions of the complaint that sought financial orders on the ground that the trial court lacked in personam jurisdiction over the defendant. The trial court concluded that § 46b-46 (b) was not unconstitutional as
A hearing on the dissolution action was held before the trial court on November 12, 1997. The plaintiff, her counsel and the defendant’s attorney were present, but the defendant did not appear. The trial court made the following findings of fact with respect to the defendant’s contacts with Connecticut.
The parties were married on April 7, 1979, in New London. At the time of the marriage, the defendant was unemployed and was receiving public assistance. The defendant was out of work during most of the time that he resided in Connecticut after the marriage and was continuously unemployed from April, 1981, to sometime in 1985. The defendant frequently received public assistance from the date of the marriage through March, 1985, when he left Connecticut.
One child was bom of the marriage on May 23,1981. Prior to the defendant’s departure from Connecticut, the parties filed joint tax returns as Connecticut residents, enrolled the child in the public school system and maintained bank accounts in this state. After the defendant left Connecticut in 1985, the plaintiff and the child required public assistance.
The plaintiff saw the defendant when he visited members of his family in Connecticut and unsuccessfully sought support from him when she saw him in 1986 and 1989. Prior to instituting this action, the plaintiff last saw the defendant in Connecticut at his mother’s funeral in 1989. The plaintiff had no contact with the
In September, 1992, the defendant won $16,000,000 in the Delaware Powerball lottery.
Due to limited financial resources, the plaintiff was unable to commence a dissolution action until May, 1996. During the separation of the parties, the plaintiff never represented to the defendant that she had obtained a divorce.
The trial court dissolved the marriage, awarded sole custody of the minor child to the plaintiff,
I
A
The defendant first claims that the trial court improperly included financial orders in the dissolution judgment without personal jurisdiction over him in violation
The due process clause of the fourteenth amendment to the United States constitution operates as a limitation on the jurisdiction of state courts to enter judgments affecting rights or interests of nonresident defendants. Shaffer v. Heitner, 433 U.S. 186, 198-200, 97 S. Ct. 2569, 53 L. Ed. 2d 683 (1977). “ ‘The due process clause protects an individual’s liberty interest in not being subject
“The due process test for personal jurisdiction has two related components: the ‘minimum contacts’ inquiry and the ‘reasonableness’ inquiry. The court must first determine whether the defendant has sufficient contacts with the forum state to justify the court’s exercise of personal jurisdiction. . . . For purposes of this initial inquiry, a distinction is made between ‘specific’ jurisdiction and ‘general’ jurisdiction. Specific jurisdiction exists when a State exercises personal jurisdiction over a defendant in a suit arising out of or related to the defendant’s contacts with the forum; a court’s general jurisdiction, on the other hand, is based on the defendant’s general business contacts with the forum
The defendant’s contacts with Connecticut prior to leaving were substantial and certainly give rise to specific jurisdiction. The financial orders arise out of the dissolution of a marriage that was entered into in this state, and Connecticut is the place where the defendant conducted the daily activities of his marital life, took advantage of the benefits and protections of this state and had his marital home. Therefore, the trial court properly concluded that the defendant had sufficient contact with Connecticut to justify the exercise of personal jurisdiction over him.
Turning to the reasonableness of exercising jurisdiction over the defendant, we consider the five factors set out in Metropolitan Life Ins. v. Robertson-CECO Corp., supra, 84 F.3d 567-68. It is clear that the court’s
We conclude that it is unquestionably reasonable for this state to hale the defendant into court with respect to financial obligations related to his marriage. To hold otherwise would mean that once a married person left the state, no Connecticut court could exercise in personam jurisdiction over that person in a dissolution action brought by the spouse left behind if the departing spouse had no contact with Connecticut between the time of departure and the time that the dissolution
B
The defendant claims that even if the trial court properly exercised jurisdiction, it abused its discretion in awarding the plaintiff time limited alimony in the amount of $6000 per month. We disagree.
This court has held that “ [e] very reasonable presumption must be given to support the correctness of the trial court’s judgment. . . . Decision making in family matters requires flexible, individualized adjudication of the particular facts of each case. . . . It is well established that trial courts have a distinct advantage over appellate courts in dealing with domestic relations where all of the surrounding circumstances and the appearance and attitude of the parties are so significant. ... In family cases, a trial court is vested with broad discretion. . . . Appellate review of the exercise of that discretion is limited to determining (1) whether the trial court correctly applied the law and (2) whether the trial court could reasonably have concluded as it did. . . . This court may not substitute its own opinion for the factual findings of the trial court.” (Citations omitted.) Grimmeisen v. Grimmeisen, 37 Conn. App. 545, 545-46, 657 A.2d 237 (1995).
The defendant, in essence, complains that the alimony award is far above anything to which the plaintiff had been accustomed, based on her station in life and standard of living. We have stated that “[i]t is hornbook law that what a spouse can afford to pay for support and alimony is a material consideration in the court’s
II
The defendant challenges the trial court’s order that directs the defendant to maintain two life insurance policies in the respective amounts of $200,000 and $360,000. The plaintiff agrees with the defendant that the trial court exceeded its authority as neither party introduced evidence at trial as to the cost of such insurance or of the defendant’s insurability. See Wolf v. Wolf, 39 Conn. App. 162, 172, 664 A.2d 315 (1995); Michel v. Michel, 31 Conn. App. 338, 341, 624 A.2d 914 (1993). The plaintiff consents to the trial court’s striking the insurance orders, and the defendant agreed at oral argument that a reversal on the insurance issue would not necessitate a new hearing on the other financial issues. Under these circumstances, vacating the orders is appropriate.
Ill
The defendant last claims that the trial court improperly awarded counsel fees in the amount of $3500 without prior notice or evidence of the reasonableness of the fees charged. We find that the trial court properly found that the defendant was liable for attorney’s fees, but improperly awarded a dollar amount without sufficient facts before it.
The plaintiff requested an allowance to prosecute in her complaint and that claim for relief put the defendant on notice of her claim for attorney’s fees. Therefore, the defendant’s claim of lack of notice is without merit.
“[General Statutes §] 46b-62 provides that, after inquiring into the parties’ respective financial abilities,
The judgment is reversed as to the order requiring the defendant to obtain life insurance in the respective amounts of $200,000 and $360,000 and as to the award of attorney’s fees and the case is remanded with direction to vacate the life insurance order and for further proceedings consistent with this opinion on the issue
In this opinion the other judges concurred.
The dissolution court adopted the factual findings of the trial court that ruled on the defendant’s motion to dismiss. The facts set out here include the findings of both courts on this issue.
The dissolution court stated that the defendant won the Maryland lottery in September, 1993. The state and year appeal’ to be typographical errors as the defendant asserted, and Judge Hurley earlier found, that the defendant, won the Delaware lottery in September, 1992.
The parties previously had agreed to a support order for the minor child of $1000 per month by way of a consent decree in Maryland. The trial court, did not disturb that order, but ordered the defendant to secure the order with a $200,000 life insurance policy.
This order was entered because the defendant was involved in litigation in Maryland to determine whether he had to share his winnings with certain other persons who claimed an interest in the winning ticket.
General Statutes (Rev. to 1997) § 46b-46 provides: “(a) On a complaint for dissolution, annulment, legal separation or custody, if the defendant resides out of or is absent from the state or the whereabouts of the defendant is unknown to the plaintiff, any judge or clerk of the Supreme Court or of the Superior Court may malee such order of notice as he deems reasonable. After notice has been given and proved to the court, the court may hear the complaint if it finds that the defendant has actually received notice that the complaint is pending. If it does not appear that the defendant has had such notice, the court may hear the case, or, if it sees cause, order such further notice to be given as it deems reasonable and continue the complaint until the order is complied with. Nothing in this section shall be construed to affect the jurisdictional requirements of chapter 815o in a complaint for custody.
“(b) The court may exercise personal jurisdiction over the nonresident parly as to all matters concerning temporary or permanent alimony or support of children, only if: (1) The nonresident party has received actual notice under subsection (a) of this section; and (2) the party requesting alimony or support of children meets the residency requirement of section 46b-44.”
The statute was amended to remove the requirement that both parties be domiciled in Connecticut on or about the time of the separation. The amendment became effective on January 1, 1996, and the amended version as set out above is applicable to this case.
See Uniform Interstate Family Support Act, General Statutes § 46b-212 et seq.