Calway v. Calway

603 A.2d 434, 26 Conn. App. 737, 1992 Conn. App. LEXIS 84
CourtConnecticut Appellate Court
DecidedFebruary 25, 1992
Docket9869
StatusPublished
Cited by18 cases

This text of 603 A.2d 434 (Calway v. Calway) 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
Calway v. Calway, 603 A.2d 434, 26 Conn. App. 737, 1992 Conn. App. LEXIS 84 (Colo. Ct. App. 1992).

Opinion

Dupont, C. J.

The marriage of the parties was dissolved by a judgment dated August 11,1978. On December 6, 1990, the trial court found the plaintiff in contempt for failing to pay one half of the unreimbursed medical expenses of the parties’ children. The court also modified the plaintiff’s support obligations. The questions presented in this appeal are (1) whether the plaintiff, pursuant to General Statutes § 46b-37,1 has a [739]*739continuing obligation after a dissolution of marriage to pay a portion of the cost of unreimbursed medical expenses of his minor children when the dissolution judgment is silent on the issue, (2) whether the trial court has the authority to hold the plaintiff in contempt for failing to abide by such an alleged obligation, and (3) whether the trial court properly modified the support obligations of the plaintiff. We reverse the decision of the trial court and remand for further proceedings.

The plaintiff and the defendant were married on November 11, 1972. They have two children, born in 1973 and 1975. At the time of dissolution, the plaintiff earned $640 per month as a member of the United States Air Force, and had secured medical insurance for the minor children through his employment; the defendant was unemployed but received $46.15 per week in welfare support for the children. Neither party owned or had an interest in any assets of substantial value.

The “care, custody and education of [the] minor children” were committed to the defendant, subject to the right of reasonable visitation by the plaintiff. Pursuant to General Statutes § 46b-842 ([Rev. to 1977] § 46-57 [740]*740at the time of dissolution), the trial court determined the financial needs of the children and the respective abilities of the plaintiff and the defendant to fulfill those needs. The trial court ordered the plaintiff to pay $1 per year alimony, and $100 per month for the support of each of the minor children. The plaintiff was also ordered to “maintain medical insurance when available through employment for the benefit of the minor children.” The judgment, however, was silent with respect to future medical expenses, not reimbursed by insurance, of the minor children.

The plaintiff remained in the Air Force until 1987 and provided, through his employment, health insurance coverage for the two minor children until June of that year. He did not maintain health insurance for the two children between June, 1987, and May, 1989, but did purchase another insurance policy for the children effective June 1, 1989, through May 31, 1990.

On October 2,1990, the defendant filed two motions in the trial court. One motion sought a modification of the plaintiff’s support obligations. It requested that his child support obligation be increased, that he be obligated to pay all unreimbursed medical expenses of the minor children, and that he be ordered to pay the defendant’s attorney’s fees related to the motion. The other motion sought to have the plaintiff held in contempt because he was six weeks behind in his child support payments,3 because he had failed to maintain medical insurance for the minor children, and because he had failed to pay unreimbursed medical bills of the minor children that he allegedly had “agreed to pay.”

In response to the motion for modification, both the plaintiff and the defendant submitted updated finan[741]*741cial affidavits to the trial court. The defendant first submitted, on November 5,1990, an affidavit that indicated that she was employed as a receptionist, and also earned money part-time doing daycare work. The November 5 affidavit showed a net weekly income of $205, total weekly expenses of $896.25, a total cash value of assets of $89,000 and total liabilities of $22,000. The defendant filed a second affidavit, dated November 26, 1990, in which she showed no weekly income because she had lost one job and would soon be losing the other. The plaintiff’s financial affidavit, on the other hand, showed a total net weekly income of $175 from his solely owned business, and total weekly expenses of $1623.35, which included both business and personal expenses. The total cash value of his assets was shown as $56 and his total liabilities as $106,628. The plaintiff admitted, however, that his affidavit did not include approximately $40,000 in gross income his business had received and would receive between May and December, 1990. Testimony indicated that the plaintiff’s average net weekly income was $622. Applied to that amount, the child support guidelines suggest a weekly child support payment of $291. The defendant requested an increase in child support payments to $200 per week. It was undisputed that between July, 1986, and November, 1990, the defendant incurred $2254.26 in medical expenses and $5320 in dental expenses for the two children, and that these expenses were not reimbursed by the plaintiff or paid by insurance funds.

After oral argument and the testimony of both the plaintiff and the defendant, the trial court issued its memorandum of decision, entitled “Rulings on Defendant’s Motion for Contempt and Modification.” The court “note[d]” that although the dissolution judgment ordered the plaintiff to maintain medical insurance for the minor children when available through his employer, the judgment “is silent on unreimbursed [742]*742medical expenses.” The court found that “there is no adequate showing that the plaintiff failed to provide medical insurance coverage for the minor children when it was available through his employment,” as was required by the dissolution judgment.

The court concluded, despite the silence of the judgment itself, that both parents are liable for the medical expenses of their minor children under General Statutes § 46b-37 (b). The court held, therefore, that the plaintiff is liable equally with the defendant for the medical expenses of the minor children. It ordered the plaintiff to pay “one half of the $2254.26 paid by the defendant for past medical expenses, as well as payment of one half of any outstanding medical bills for the children. Further, the defendant is ordered to pay one half of past dental bills amounting to $5320 and outstanding bills for services to the children.” On the basis of its findings, the trial court also held the plaintiff in contempt for “failing to pay one half of the unreimbursed medical expenses, [and, to] purge himself of that contempt, the plaintiff is to pay one half of those expenses at the rate of $50 per week until they are fully paid.” Finally, the trial court found a substantial change in the circumstances of the parties, and therefore modified the plaintiffs child support obligation from $200 per month to $200 per week. The court, however, did not make any determination as to the responsibility of either party for the payment of future medical or dental expenses of the minor children unreimbursed by insurance.

I

The plaintiff first challenges the trial court’s finding that he was in civil contempt for failing to pay one half of the unreimbursed medical and dental expenses of his minor children. “Because this is an appeal from a judgment of civil contempt, our review is technically [743]*743limited to ‘questions of jurisdiction such as whether the court had authority to impose the punishment inflicted and whether the act or acts for which the penalty was imposed could constitute a contempt.’ ” Papa v. New Haven Federation of Teachers, 186 Conn.

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Bluebook (online)
603 A.2d 434, 26 Conn. App. 737, 1992 Conn. App. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calway-v-calway-connappct-1992.