Amodio v. Amodio

724 A.2d 1084, 247 Conn. 724, 1999 Conn. LEXIS 16
CourtSupreme Court of Connecticut
DecidedFebruary 16, 1999
DocketSC 15856
StatusPublished
Cited by137 cases

This text of 724 A.2d 1084 (Amodio v. Amodio) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amodio v. Amodio, 724 A.2d 1084, 247 Conn. 724, 1999 Conn. LEXIS 16 (Colo. 1999).

Opinion

Opinion

NORCOTT, J.

The sole issue in this appeal is whether the Appellate Court properly concluded that the trial court lacked subject matter jurisdiction to modify a [726]*726child support award.1 The trial court granted the motion by the defendant, Vincent N. Amodio, to modify the child support order, and on the appeal by the plaintiff, Deborah A. Amodio, the Appellate Court reversed the granting of the motion to modify on the ground that the trial court had lacked subject matter jurisdiction to modify the order. We reverse the judgment of the Appellate Court.

The Appellate Court opinion aptly sets forth the following facts and procedural history relevant to this appeal. “On July 31, 1990, the parties stipulated, pursuant to General Statutes § 46b-51, that their marriage had broken down irretrievably and requested a dissolution. The parties submitted a lengthy and comprehensive written separation agreement that covered, inter alia, alimony, child support and division of assets. On July 31,1990, the marriage was dissolved and the agreement, which awarded the plaintiff $325 per week in child support for their two minor children, was approved by the trial judge as an order of the court.2 The agreement specifically provided that ‘[tjhere shall be no alimony award to either party.’

“On April 7,1995, the defendant sought a modification of the support order. He alleged that the order did not conform to the 1994 child support guidelines and, therefore, should be modified. In addition, the defendant alleged that the order did not conform to the child support guidelines in effect at the time of the original order. After reviewing financial affidavits and hearing [727]*727testimony, the trial court granted the defendant’s motion and ordered a downward modification of the support order to conform to the guidelines now in effect. The modified support order required the defendant to pay $220 per week. The trial court based the modification on the original dissolution court’s substantial deviation from the guidelines and its failure to make a specific finding on the record that the application of the guidelines would be inequitable or inappropriate pursuant to General Statutes § 46b-215b (a). The plaintiff appeals from the granting of the motion to modify.” Amodio v. Amodio, 45 Conn. App. 737, 738-39, 697 A.2d 373 (1997).

The Appellate Court determined, sua sponte, that the trial court did not have jurisdiction to modify the defendant’s support obligation. Id., 739. The Appellate Court concluded that the parties’ dissolution decree unambiguously foreclosed modification of the support order unless the defendant earned more than $900 per week, and the defendant’s financial affidavit indicated that his income had remained at that level. Id., 742. Thereafter, the present appeal ensued. We conclude that the issue regarding subject matter jurisdiction was resolved incorrectly by the Appellate Court and, therefore, we reverse the decision of that court and remand the matter for further proceedings.3

Answering this certified question requires us to review the distinction between a trial court’s “jurisdiction” and its “authority to act” under a particular statute. “Subject matter jurisdiction involves the authority of a court to adjudicate the type of controversy presented by the action before it. 1 Restatement (Second),

[728]*728Judgments § 11. ‘A court does not truly lack subject matter jurisdiction if it has competence to entertain the action before it.’ Monroe v. Monroe, 177 Conn. 173, 185, 413 A.2d 819, appeal dismissed, 444 U.S. 801, 100 S. Ct. 20, 62 L. Ed. 2d 14 (1979). Once it is determined that a tribunal has authority or competence to decide the class of cases to which the action belongs, the issue of subject matter jurisdiction is resolved in favor of entertaining the action.” Craig v. Bronson, 202 Conn. 93, 101, 520 A.2d 155 (1987). It is well established that, in determining whether a court has subject matter jurisdiction, “every presumption favoring jurisdiction should be indulged.” Connecticut Light & Power Co. v. Costle, 179 Conn. 415, 420-21 n.3, 426 A.2d 1324 (1980).

Although related, the court’s authority to act pursuant to a statute is different from its subject matter jurisdiction. “The power of the court to hear and determine, which is implicit in jurisdiction, is not to be confused with the way in which that power must be exercised in order to comply with the terms of the statute.” Bailey v. Mars, 138 Conn. 593, 601, 87 A.2d 388 (1952). More than one century ago in Terry’s Appeal from Probate, 67 Conn. 181, 34 A. 1032 (1896), in reviewing a probate court’s appointment of a will administrator, this court distinguished between jurisdiction and the proper exercise of the authority to act. This court concluded that “the Court of Probate had jurisdiction of those questions [concerning appointment], that is, had the power to hear, and to determine them one way or the other; but we do not say that it had the. power, under all circumstances, to decide these questions as it saw fit; for in exercising its jurisdiction it must obey the law, or its determination will be at least erroneous. . . . [T]he statute made it the duty of the court to appoint such an administrator under certain circumstances, and this gave it the right to determine whether or not those [729]*729circumstances existed; but in the exercise of that jurisdiction — in its determination of the question — it erred because it decided contrary to law.” (Citation omitted.) Id., 185. Since Terry’s Appeal from Probate, we have maintained the distinction between these concepts. See, e.g., Artman v. Artman, 111 Conn. 124, 130, 149 A. 246 (1930) (“[i]f it applied any wrong rule of law to the situation, it was not acting without jurisdiction but in the erroneous exercise of its jurisdiction”); see also Misinonile v. Misinonile, 190 Conn. 132, 136, 459 A.2d 518 (1983); Broaca v. Broaca, 181 Conn. 463, 473, 435 A.2d 1016 (1980) (Peters, J., dissenting); Bailey v. Mars, supra, 601; Thomas Bennett Estate, Inc. v. New Haven, 117 Conn. 25, 38, 166 A. 680 (1933).

With these principles in mind, we examine the source of the court’s jurisdiction to modify child support orders, and its authority to act pursuant to the relevant statute. General Statutes § 46b-l (c)4 **4 provides the Superior Court with plenary and general subject matter jurisdiction over legal disputes in “family relations matters,” including alimony and support. General Statutes § 46b-86 (a)5 provides the trial court with continuing jurisdiction to modify support orders. Together, therefore, [730]

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Bluebook (online)
724 A.2d 1084, 247 Conn. 724, 1999 Conn. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amodio-v-amodio-conn-1999.