Bolat v. Bolat

CourtConnecticut Appellate Court
DecidedJuly 23, 2019
DocketAC40767
StatusPublished

This text of Bolat v. Bolat (Bolat v. Bolat) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bolat v. Bolat, (Colo. Ct. App. 2019).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** JEAN-PIERRE BOLAT v. YUMI S. BOLAT (AC 40767) Lavine, Elgo and Harper, Js.

Syllabus

The plaintiff, whose marriage to the defendant previously had been dis- solved, appealed to this court from the judgment of the trial court resolving certain postjudgment motions. Following the dissolution of their marriage, the parties entered into a stipulation governing various parenting matters and child support, which was approved by and made an order of the court. On appeal, the plaintiff claimed that the trial court improperly granted certain motions for contempt filed by the defendant, denied his motion for contempt, and denied his motion to modify his child support obligation. Held: 1. The trial court did not abuse its discretion when it granted the defendant’s May, 2017 motion for contempt and held the plaintiff in contempt for violating the stipulation by failing to make arrangements for the parties’ minor children when he could not be with them during his scheduled parenting time as the ‘‘custodial parent’’: although ‘‘custodial parent’’ was not defined in the stipulation, the relevant paragraph, when read within the context of the other provisions, made it clear that it refered to the parent who was meant to have the children at a given time according to the stipulation, and, thus, the stipulation was sufficiently clear and unambiguous so as to support a judgment of contempt; more- over, the trial court reasonably could have found that the plaintiff had wilfully violated the stipulation, as a review of the canvass that occurred before the court accepted the parties’ stipulation and made it an order plainly indicated that the plaintiff attributed the same meaning to the term ‘‘custodial parent’’ as the defendant, and demonstrated that the plaintiff knew he had to make alternate arrangements for the children during his parenting time if he was unavailable. 2. This court declined to review the plaintiff’s claim that the trial court improperly denied his September, 2017 motion for contempt, as that claim was inadequately briefed, the plaintiff having failed to provide any analysis or to demonstrate, aside from unsupported assertions, how the court’s ruling that his motion was barred by the doctrine of res judicata was improper. 3. The trial court did not abuse its discretion when it granted the defendant’s August, 2017 motion for contempt and found the plaintiff in contempt for violating the stipulation by failing to contribute toward the purchase of a vehicle for the parties’ children: the stipulation was sufficiently clear and unambiguous so as to support a judgment of contempt, as although the plaintiff correctly pointed out that the stipulation did not specify who would purchase the vehicle or when it would be purchased, he failed to explain or provide any legal authority to show that the absence of such details made the stipulation ambiguous, and this court could not conclude that the language of the stipulation was reasonably susceptible to more than one interpretation; moreover, the trial court reasonably could have found that the plaintiff had wilfully violated the stipulation, as the plaintiff’s claims that he had offered two free vehicles, that he was not timely given the proof of purchase that he had asked for, and that the defendant acted unilaterally despite the stipulation provision that provided that the plaintiff had final decision-making authority, did not demonstrate how his failure to contribute the sum that he had contractually agreed to provide was not wilful, and the court’s conclusions were supported by the evidence. 4. The trial court did not abuse its discretion in denying the plaintiff’s motion to modify his child support obligation due to a substantial change in circumstances; the plaintiff bore the burden of persuading the court that his circumstances had changed substantially, and although the plaintiff introduced testimony and documentary evidence to show that his income had declined since the parties entered into the stipulation, the court, as the fact finder, was free to discredit his testimony, and in the absence of any credible evidence that the plaintiff’s income had declined, the court reasonably could have found that the plaintiff had failed to prove a substantial change in his circumstances. Argued March 13—officially released July 23, 2019

Procedural History

Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial dis- trict of New Haven and tried to the court, Abery-Wet- stone, J.; judgment dissolving the marriage and granting certain other relief; thereafter, the court, Shluger, J., granted the defendant’s motion for contempt; subse- quently, the court, Klatt, J., denied the plaintiff’s motion for contempt; thereafter, the court, Klatt, J., granted the defendant’s motion for contempt; subsequently, the court, Klatt, J., denied the plaintiff’s motion to modify child support, and the plaintiff appealed to this court; thereafter, the court, Klatt, J., granted the plaintiff’s motion for articulation. Affirmed. Jean-Pierre Bolat, self-represented, the appellant (plaintiff). Richard W. Callahan, for the appellee (defendant). Opinion

ELGO, J. In this contentious postdissolution case, the self-represented plaintiff, Jean-Pierre Bolat, appeals from various postdissolution judgments rendered by the trial court in favor of the defendant, Yumi S. Bolat. On appeal, the plaintiff claims that the court improperly (1) granted the defendant’s May 9, 2017 motion for contempt, denied his September 19, 2017 motion for contempt, and granted the defendant’s August 23, 2017 motion for contempt; and (2) denied his motion to mod- ify his child support obligation. We affirm the judgments of the trial court. The following facts and procedural history are rele- vant to this appeal. The parties’ marriage was dissolved on June 21, 2011. They have three children together. On April 11, 2017, the parties entered into a stipulation governing various parenting matters and child support, which was approved by and made an order of the court (stipulation). Pursuant to the stipulation, the parties shared joint legal custody, and the children primarily resided with the defendant. It also provided for the two elder children to use the plaintiff’s residence in Wallingford as their residence for school purposes and to finish high school at Sheehan High School in Wall- ingford.

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