39 Conn. App. 28 | Conn. App. Ct. | 1995
The defendant appeals from the judgment of the trial court, Thim, J., determining that, pursuant to a stipulated judgment, all periodic payments of workers’ compensation benefits to the defendant, including specific award payments, are income for the purpose of determining child support. We affirm the judgment of the trial court.
The marriage between the parties was dissolved by judgment of the Superior Court dated May 6, 1987. Included in the dissolution decree were orders that the defendant pay to the plaintiff the sum of $100 per week
On August 27,1992, the parties entered into a written agreement that was approved by and made an order of the court, Karazin, J. The order provided: “Child support payments will be held in abeyance as of May 26, 1992, date of defendant’s back injury, but once workers’ compensation benefits become available defendant will retroactively pay the plaintiff child support, based upon child support guidelines and workers’ compensation rate received, from the date of the injury, May 26, 1992. . . . Arrearages, which are to be determined and agreed upon, will be paid out of claimant’s workers compensation permanency/specific award.”
On October 1, 1993, the defendant filed a “Motion for Advice” requesting the guidance of the trial court concerning the stipulated judgment. The parties’ disagreement concerned whether the defendant was required to include workers’ compensation specific indemnity payments, awarded pursuant to General Statutes § 31-308 (b), as income for purposes of determining his child support payments. The trial court, in a written memorandum of decision, concluded that “[s]pecific award benefits received by the defendant under the Worker’s Compensation Act are includable as income for purposes of determining the defendant’s child support obligation.” This appeal followed.
As a preliminary matter, we address the propriety of a “Motion for Advice” as a method of obtaining the ruling
In this instance, however, even though the defendant’s motion was labeled a “Motion for Advice,” the defendant was seeking clarification of a prior order of the court. In such situations “we look to the substance of the claim rather than the form.” Whalen v. Ives, 37 Conn. App. 7, 16, 654 A.2d 798 (1995). “Motions for interpretation or clarification, although not specifically described in the rules of practice, are commonly considered by trial courts and are procedurally proper.” Holcombe v. Hol-combe, 22 Conn. App. 363, 366, 576 A.2d 1317 (1990). “There is no time restriction imposed on the filing of a motion for clarification.” Id. Nor is there a requirement that the same court that rendered the original judgment act on the motion for clarification. Id. We conclude that the trial court had jurisdiction to consider the defendant’s motion.
We now turn to the substance of the clarification issued by the trial court. The clarification was of a judgment rendered pursuant to a stipulation between the
In this case, the “Motion for Advice” asked the trial court to determine whether the workers’ compensation benefits out of which child support payments would be withheld included only temporary total disability payments or any benefits under the Workers’ Compensation Act. “The court will not torture words to impart ambiguity where ordinary meaning leaves no room for ambiguity. Downs v. National Casualty Co., 146 Conn. 490, 494, 152 A.2d 316 [1959].” Sturman v. Stocha, 191 Conn. 1, 11-12, 463 A.2d 527 (1983). The clause subject to interpretation is that “[the] defendant will retroactively pay the plaintiff child support, based upon child support guidelines and workers’ compensation rate received . . . .” “Workers’ compensation rate” is not an ambiguous phrase and the trial court did not consider evidence outside the document itself. Thus, the trial court was required to determine, as a matter of law, what that phrase meant in the context of the stipulated judgment.
The judgment is affirmed.
In this opinion the other judges concurred.
This issue was raised by the court, sua sponte, and the parties were ordered, prior to oral argument, to brief and to be prepared to argue the issue of whether the trial court had jurisdiction to entertain the defendant’s motion for advice.