The plaintiff wife appeals from the judgment of the state trial referee acting as the trial court in a contested dissolution action. On appeal, the plaintiff claims that the trial referee erred (1) in failing to award permanent periodic alimony, (2) in admitting certain nonexpert testimony as to land values, (3) in allowing the defendant to introduce previously undisclosed evidence, (4) in failing to assign to her the marital residence or any of the defendant’s other interests in land or a monetary equivalent, and (5) in sustaining the defendant’s objection to her motion to reargue. We find error in part.
The court further ordered the defendant to pay periodic, nonmodifiable alimony in the amount of $35 per week, terminable at the end of three years. Finally, the court awarded the plaintiff exclusive use of the marital house until July 13,1991, when the younger daughter reaches eighteen years of age. At that time, the defendant is to have possession and is to pay to the plaintiff a two stage lump sum property settlement of $80,000.
The plaintiff first claims that the trial court erred in awarding limited, nonmodifiable alimony. Our standard
Notwithstanding the great latitude accorded to the trial court in awarding alimony and assigning property, the plaintiff argues that the trial court could not reasonably have concluded as it did with respect to the alimony award. After a careful review of the entire record before us, we agree with the plaintiff and find error.
In its memorandum of decision, the court found the following facts. The plaintiff had been employed as a teacher in Rhode Island prior to her mаrriage, ceased teaching when she became pregnant with her first child, seventeen years ago, and has not taught since that time. She is not licensed to teach in Connecticut and has been earning approximately $157 per week cleaning houses. The court further found that thе plaintiff “has many physical problems with her knees, especially from arthritis,” that she had undergone knee replace
The court rejected the plaintiffs clаim for lump sum and periodic alimony and instead awarded her non-modifiable alimony of $35 per week for three years. After finding that the defendant is a fractional owner of four pieces of property, two comprising approximately one-half acre and two in which his fraсtional interest totals 208 acres and 123 acres, the court awarded no interest in those parcels to the plaintiff. The court also found that the defendant fraudulently conveyed the family residence to his children in order to remove the property from the marital assets, and yet it awarded the plaintiff exclusive use of that residence for a maximum term of three years during which time she is to be responsible for the payments of fuel and utilities, and with full rights to possession reverting to the defendant thereafter. The court further ordered that the plaintiff pay 20 percent of the children’s private school tuition during the year of the order, and 50 percent thereafter.
In determining the alimony to be awarded, the trial court has broad discretion, but it must consider all of the statutory criteria enumerated in General Statutes § 46b-82, “including length of the marriage, the cаuses for the dissolution of the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate and needs of the parties.” O’Neill v. O’Neill, supra, 312-13; see Carpenter v. Carpenter, supra, 742. There must be some indication in the record as to the basis of the trial court’s determination of the award. Markarian v. Markarian,
The defendant suggests that this time limited award might have been meant to be rehabilitative alimony. He suggests that the court may have felt that whilе the plaintiff might no longer be able to clean houses, she might pursue her Connecticut teaching certifica
The rationale behind the trial court’s award is not evident in the memorandum of decision, and the alimony award is logically inconsistent with the facts found by the trial court. We concludе, therefore, that there is error.
Having concluded that the trial court’s award of non-modifiable limited periodic alimony was logically inconsistent with the facts found by it, we must remand this case to the trial court. We cannot properly limit our remand to the issue of periodic alimony. “Thе issues involving financial orders are entirely interwoven. ‘The rendering of a judgment in a complicated dissolution case is a carefully crafted mosaic, each element of which may be dependent on the other.’ Ehrenkranz v. Ehrenkranz,
Because it is likely to recur at the new hearing, we now address the second part of the plaintiffs alimony claim, namely, that the trial court erred in allowing the defendant to offer his projected expenses as opposed to current expenses on his financial affidavit. The plaintiff argues that this admission into evidence of the defendant’s projected expenses also constitutes error. We agree.
Practice Book § 463 requires that, at the time of the dissolution action, both parties file a sworn statement “of current income, expenses, assets and liabilities.” (Emphasis added.) The defendant, however, apparently having few current expenses, listed projected expenses on his financial affidavit. These expenses were speculative and should not have been considered by the court.
By the defendant’s own admission, the expenses that he listed on his sworn financial affidavit were projected. He had moved in with his parents and was not currently paying mortgage, taxes or insurance. Yet, the defendant estimated the expenses that he might pay should he move out on his own.
Consideration of projected expenses is analogous to consideration of projected assets, an issue that has been addressed by this court. See Manaker v. Manaker,
Nor can expenses be projected on the basis of speculation. What is relevant in determining the alimony and property division are the defendant’s current expenses, or, in some instances, the defendant’s future but definitive expenses. See Rubin v. Rubin, supra, 230-31. In determining property division, the trial court may usually consider only the current assets and liabilities of the parties. See id., 231. If a court could consider such projected expenses, a party would be able to insulate portions of his income from distribution by masking them as necessary to pay nonexistent expenses.
We also consider, because it is likely to recur at the new financial hearing, the plaintiff’s claim that the trial court erred in admitting the testimony of the defendant’s father regarding the value of land belonging to him and his neighbors. She claims error because the witness testified to the development rights and not to the value of the land itself.
The witness testified that he owned two parcels of land in Preston and that his son had a fractional interest in each. He then testified to their value. During his direct examination, he provided the sale prices of sev
“It is well settled that an owner of property is competent to testify as to its market value. Misisco v. La Maita,
We need not consider the plaintiff’s other claims because they are not likely to recur or are already subsumed under our remand fоr a new hearing on the financial issues.
There is error in part, the judgment as to the financial issues is set aside and the case is remanded for a full hearing on the financial issues.
In this opinion the other judges concurred.
Notes
The property settlement required the defendant to pay the plaintiff $40,000 within three months of the date that she vaсates the house and $40,000 within two years thereafter.
Following our reasoning in Markarian v. Markarian,
In Rubin v. Rubin,
