Bucy v. Bucy

579 A.2d 117, 23 Conn. App. 98, 1990 Conn. App. LEXIS 308
CourtConnecticut Appellate Court
DecidedSeptember 4, 1990
Docket8480
StatusPublished
Cited by40 cases

This text of 579 A.2d 117 (Bucy v. Bucy) 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
Bucy v. Bucy, 579 A.2d 117, 23 Conn. App. 98, 1990 Conn. App. LEXIS 308 (Colo. Ct. App. 1990).

Opinion

Norcott, J.

This appeal arises from the trial court’s partial grant of the plaintiff’s postjudgment motion for contempt and for the reimbursement of expenses. The defendant appeals from the trial court’s order that he must pay for psychological services rendered to his daughter, claiming that the trial court’s postjudgment ruling incorrectly interpreted the dissolution decree as creating that obligation. He further claims that the trial court should not have ordered him to pay attorney’s fees to the plaintiff.

The parties’ marriage was dissolved in September, 1978. The dissolution decree contained a provision obligating the defendant to pay “all medical, dental, and orthodontia expenses for the children not covered by insurance and in excess of $100.00 per child per year

From the evidence presented at the hearing on this motion, the trial court found the following facts. In October, 1985, the plaintiff took the parties’ minor daughter to Kathleen Keman, a licensed psychologist,1 [100]*100because the child was losing weight, looked thin, was emotionally fragile, was easily confused and upset and appeared to be in a state of minor depression. Kernan diagnosed her as being bulimic and, at times, anorexic.2 She also diagnosed her as having an “adjustment disorder with mixed emotional features.” Both bulimia and anorexia can seriously harm bodily functions and, if not properly treated, can be fatal. Kernan specializes in the treatment of bulimia and anorexia.

Part of the recommended treatment of an adolescent who is suffering from bulimia and anorexia is to work with the parents. In December, 1985, Kernan spoke with the defendant about his daughter’s problems. Kernan had the impression that the defendant was anxious to help, although he never attended any sessions. During the course of treatment, Kernan held thirty-three individual sessions with the plaintiff, the main purpose of which was to work on stress management in the home, to provide a proper environment for the child and to monitor her progress. Kernan also held sixty-three joint sessions with the plaintiff and her daughter. She also sent bills for nine telephone sessions with the child and for sixteen canceled sessions, two with the plaintiff and fourteen with the child.3 Kernan also charged $120 for a phone session with the defendant. Kernan sent bills to the plaintiff and, at times, to both the plaintiff and the defendant.

■ By a note dated April 30,1986, the plaintiff informed the defendant of Kernan’s total charges of $14,295 and requested reimbursement. The defendant has refused to pay for any of the charges, claiming that the ser[101]*101vices rendered by Kernan were not medical éxpenses, and that he, therefore, has no obligation to pay them.

The trial court, concluded that the expenses incurred for the treatment of the child by Kernan are, in fact, medical expenses within the meaning of the dissolution decree. The court then held the defendant liable for all psychotherapeutic treatment directly and properly related to the child. It held, however, that the defendant was not responsible for payment for the canceled sessions because those charges were not directly and properly related to his daughter’s treatment, but, rather, were more in the nature of a penalty. The court also refused to hold the defendant in contempt, finding that his failure to pay arose from a legitimate dispute over the interpretation of the decree and was not, therefore, wilful.

I

We must first address the defendant’s claim that the services rendered by Kernan, a nonmedical doctor, to his daughter are not medical expenses within the meaning of the dissolution decree. We note that there are no Connecticut Appellate or Supreme Court cases on this issue. We agree with the trial court’s conclusion that the expenses in question are “medical expenses” within the meaning of the dissolution decree.

A

We accept the general principle applied by the trial court that, in order to determine whether certain expenses are medical in nature, the court must decide whether the services rendered are a necessary part of the overall treatment of the child. That conclusion comports with the established concept that the practice of medicine is an expansive one. Medicine is “[t]he science of diagnosing, treating, or preventing disease or other damage to the body or mind.” American Heritage Die[102]*102tionary (New College Ed. 1981). In this regard, we cannot accept the defendant’s narrow construction of the term “medical expenses.”

Other jurisdictions have followed the reasoning that we employ here. See, e.g., Kahn v. Kahn, 23 Ariz. App. 269, 532 P.2d 541 (1975) (expenses for services rendered by clinical psychologist and psychiatric social worker were held to be medical expenses even though neither was a medical doctor); Jones v. Jones, 116 Cal. App. 2d 604, 254 P.2d 67 (1953) (bills for eyeglasses held to be medical expenses); Sulman v. Sulman, 510 So. 2d 908 (Fla. App. 1987) (bills for psychological counseling held to be medical' expenses); Davis v. Davis, 8 Mich. App. 104,153 N.W.2d 879 (1967) (bills from clinical psychologist held to be medical expenses). The common thread that runs through these cases is the preliminary determination of whether “ ‘the expenditure was made in connection with the diagnosis, cure, mitigation or prevention of disease or for the purpose of affecting any structure or function of the body or mind.’ ” The term “medical expense,” as used in dissolution decrees, must be interpreted broadly because such decrees generally provide for the maintenance of the former wife and children. Jones v. Jones, supra, 609. “[C]oncern for a child’s mental health is equally as important as the necessities of food, shelter, physical health, and clothing. The proper care and maintenance of the [children] of the parties include tending to [their] emotional and psychological problems as well as to [their] physical problems.” Davis v. Davis, supra, 108.

The trial court here found, from the record before it, that psychotherapy is an appropriate and effective method of treating bulimia and anorexia, both of which can be fatal. There was no evidence presented that there is a better method, or, for that matter, another valid method for the treatment of these disorders. In [103]*103light of this evidence, the trial court correctly found that the psychotherapy provided by Kernan was, indeed, a medical expense covered by the dissolution decree. The treatment rendered here was a “necessary part of the overall treatment of the child” and “ ‘was made in connection with the diagnosis, cure, mitigation or prevention of disease.’ ” Further, there was no evidence that Kernan was not competent to perform these services. See Kahn v. Kahn, supra, 273. On the contrary, she was a specialist in this area of treatment.

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Bluebook (online)
579 A.2d 117, 23 Conn. App. 98, 1990 Conn. App. LEXIS 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bucy-v-bucy-connappct-1990.