7 Conn. App. 41 | Conn. App. Ct. | 1986
In this appeal from the judgment dissolving the marriage of the parties, the plaintiff challenges the court’s award of lump sum alimony and attorney’s fees to the defendant.
The facts are not in dispute. The parties married on June 2, 1940. Two children who are issue of the marriage and who lived with and were brought up by the defendant have since reached their majority. The plaintiff spent most of his career doing maintenance work for his stepfather and making deliveries for his stepfather’s oil business. The plaintiff retired in 1983. The defendant worked in a factory throughout her career
The parties separated in 1948 and the plaintiff thereafter fathered two other children as a result of another liaison. The plaintiff paid the defendant $100 per month for child support until his retirement in 1983 and also paid for her rent and utility bills. On April 11, 1985, the marriage of the parties was dissolved by decree. At the time of the dissolution, both parties were sixty-eight years of age. The plaintiff has amassed $169,000 in savings while the defendant has $12,308.76. The plaintiff has inherited $949,766.53 from the estates of his mother and stepfather making his net worth $1,118,766.53. The plaintiff lives alone in a duplex house while the defendant resides in a third floor walkup apartment in a commercial industrial area. Her income is approximately $103.72 per week from social security and pension benefits while her weekly expenses total $272.25.
The trial court, after considering General Statutes § 46b-82,
Because of the opportunity for the trial court to observe the parties and the evidence, great weight is given to its judgment with respect to the financial awards in a dissolution action. Holley v. Holley, 194 Conn. 25, 29, 478 A.2d 1000 (1984). The dispositive issue is whether the trial court abused its discretion or whether it could have reasonably concluded as it did. Timm v. Timm, 195 Conn. 202, 207, 487 A.2d 191 (1985); Carpenters v. Carpenter, 188 Conn. 736, 741-42, 453 A.2d 1151 (1982); Bisson v. Bisson, 5 Conn. App. 67, 69, 496 A.2d 543 (1985). In determining financial awards in a dissolution action, the trial court must consider the length of the marriage and the causes of its dissolution, and the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs and future potentials of each of the parties. General Statutes §§ 46b-81 (c), 46b-82; see Levy v. Levy, 5 Conn. App. 185, 188, 497 A.2d 430, cert. denied, 197 Conn. 813, 499 A.2d 60 (1985). It is apparent from a review of the trial court’s comprehensive memorandum of decision that the court weighed these factors in reaching its determination of the appropriate financial award. We cannot, as an appellate court, vary the weight which the trial court placed upon such factors. Carpenter v. Carpenter, supra, 742. Moreover, it is not the function of this court to retry the facts. Leo v. Leo, 197 Conn. 1, 4, 495 A.2d 704 (1985); Carpenter v. Carpenter, supra, 741-42. We conclude that the decision of the trial court regarding the financial award was reasonable and supported by the evidence presented. See Hirst v. Hirst, 2 Conn. App. 348, 350-51, 478 A.2d 618 (1984).
In determining awards for attorney’s fees, three categories of cases have emerged: (1) where an award is justified and its denial would be an abuse of discretion by substantially undermining the other awards; (2) where the granting or denial of an award falls within the court’s discretion and is rarely disturbed; and (3) where an award constitutes an abuse of discretion. Turgeon v. Turgeon, supra, 281. This case falls clearly in the first category.
There is no error.
In this opinion the other judges concurred.
General Statutes § 46b-82 provides in pertinent part: “In determining whether alimony shall be awarded and the duration and amount of the award, the court . . . shall consider the length of the marriage, the causes for . . . the dissolution of the marriage . . . the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate and needs of each of the parties . . .
General Statutes § 46b-62 provides in pertinent part: “orders for payment of attorney’s fees in certain actions. In any proceeding seeking relief under the provisions of this chapter and sections 17-323a, 17-323b, 45-162, 46b-1, 46b-6, 46b-204, 47-14g, 51-348a and 52-362, the court may order either spouse to pay the reasonable attorney’s fees of the other in accordance with their respective financial abilities and the criteria set forth in section 46b-82.”