Cashman v. Cashman

676 A.2d 427, 41 Conn. App. 382, 1996 Conn. App. LEXIS 244
CourtConnecticut Appellate Court
DecidedMay 21, 1996
Docket14179
StatusPublished
Cited by16 cases

This text of 676 A.2d 427 (Cashman v. Cashman) 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
Cashman v. Cashman, 676 A.2d 427, 41 Conn. App. 382, 1996 Conn. App. LEXIS 244 (Colo. Ct. App. 1996).

Opinion

LAVERY, J.

The defendant appeals from the judgment of the trial court granting the plaintiffs motion to dismiss on the ground that the court lacks personal jurisdiction over the plaintiff. On appeal, the defendant claims that the trial court improperly (1) found that General Statutes § 46b-46 (b)1 was not applicable to the defendant’s motion for modification, (2) found that § 46b-46 (b) was not satisfied because Connecticut was not the domicile of both parties at the time of dissolution, and (3) concluded that the exercise of personal jurisdiction over the plaintiff would violate due process. We conclude that the trial court improperly found that it lacked personal jurisdiction over the plaintiff and reverse the judgment of the trial court.

The following facts were presented to the trial court by way of the pleadings and documents accompanying the plaintiffs motion to dismiss. The plaintiff and the defendant were married in 1959 and resided in Connecticut prior to their separation in 1980. After the separation, the plaintiff moved to Ardsley, New York. The defendant has continued to reside in Connecticut. In December, 1980, the plaintiff commenced this action for dissolution of marriage in Connecticut while residing in New York state. On February 9, 1983, the trial court rendered a judgment that, inter alia, dissolved the marriage and awarded to the defendant periodic alimony.

[385]*385On May 26, 1994, the defendant filed a motion for modification of alimony. The plaintiff was personally served with the motion at his home in Purdys, New York. On June 10, 1994, the plaintiff filed a motion to dismiss for lack of personal jurisdiction. On November 4,1994, the trial court held that it lacked personal jurisdiction over the plaintiff and granted the plaintiffs motion to dismiss. In its memorandum of decision, the trial court found that § 46b-46 (b) is not applicable to the defendant’s motion for modification of alimony because the matter is not one for dissolution, annulment, legal separation or custody. The court also found that the domicile requirement of § 46b-46 (b) has not been satisfied because Connecticut was not the domicile of both parties immediately prior to or at the time of dissolution. Finally, the trial court found that it would violate the plaintiffs due process rights to assert jurisdiction in this case. The defendant filed this appeal.

I

The defendant claims that the trial court improperly found that § 46b-46 (b) is not applicable to the defendant’s motion for modification of alimony. The defendant argues that § 46b-46 (b) permits Connecticut courts to exercise personal jurisdiction over nonresidents in matters concerning modification of alimony if the nonresident receives actual notice of the proceeding, the party requesting modification is a resident of Connecticut and Connecticut was the domicile of both parties immediately prior to their separation. We agree.

We begin our analysis of § 46b-46 (b) by examining the text of the statute.2 “In interpreting the language of a [386]*386statute, the words must be given their plain and ordinary meaning and their natural and usual sense unless the context indicates that a different meaning was intended. Caldor, Inc. v. Heffernan, 183 Conn. 566, 570, 440 A.2d 767 (1981). When the language is plain and unambiguous, we need look no further than the words themselves because we assume that the language expresses the legislature’s intent. American Universal Ins. Co. v. Del-Greco, 205 Conn. 178, 193, 530 A.2d 171 (1987). Indeed, [a] basic tenet of statutory construction is that when a statute ... is clear and unambiguous, there is no room for construction. . . . State v. Genotti, 220 Conn. 796, 807, 601 A.2d 1013 (1992).” (Internal quotation marks omitted.) Oller v. Oller-Chiang, 230 Conn. 828, 848, 646 A.2d 822 (1994). The plain meaning of § 46b-46 (b) allows the trial court to “exercise personal jurisdiction over the nonresident party as to all matters concerning temporary or permanent alimony” if the specific notice, residency and domicile provisions are satisfied. (Emphasis added.) We interpret the language of the statute to include matters concerning the modification of alimony.

The plaintiff argues that § 46b-46 applies only to initial divorce proceedings and does not apply to proceedings to modify divorce decrees. The trial court agreed with the plaintiff and held that § 46b-46 is not applicable to the defendant’s motion because this matter is not one for dissolution, annulment, legal separation or custody as stated in § 46b-46 (a).3 We conclude that § 46b-46 (b) is not limited to the proceedings outlined in § 46b-46 (a).

[387]*387Subsections (a) and (b) of § 46b-46 serve distinct purposes. “Subsection (a) confers jurisdiction upon a court to deal with complaints for dissolution, annulment or legal separation when the defendant is a nonresident or his whereabouts are unknown. Subsection (a) describes the procedures that are to be followed to give such a nonresident party actual notice of the pending proceedings, and authorizes the court to hear the complaint either if the nonresident party has received such notice or if a reasonable effort to afford him notice has been made.” Jones v. Jones, 199 Conn. 287, 290-91, 507 A.2d 88 (1986).

Section 46b-46 (b) is a long arm statute applicable to all matters concerning alimony and support, and is not limited to complaints for dissolution, annulment, legal separation and custody. Subsection (b) allows a court to assert personal jurisdiction over a nonresident defendant for judgments that operate in personam and bind the obligor personally; Beardsley v. Beardsley, 144 Conn. 725, 726-27, 137 A.2d 752 (1957); and imposes greater requirements than does subsection (a). In addition to the notice requirements identified in subsection (a), the party requesting alimony must meet the residency requirement of General Statutes § 46b-44 and show that Connecticut was the domicile of both parties immediately prior to or at the time of their separation.

In Jones v. Jones, supra, 199 Conn. 294, our Supreme Court held that § 46b-46 (b) permits a trial court to modify a dissolution judgment to require a nonresident defendant to pay child support if the nonresident had actual notice of the modification proceedings. We see no reason that our Supreme Court’s reasoning in Jones is not equally applicable to modification of a judgment for the payment of alimony. We conclude that the trial court improperly found that § 46b-46 (b) was inapplicable to the defendant’s motion for modification of alimony.

[388]*388II

The defendant claims that the trial court improperly concluded that the domicile requirement of § 46b-46 (b) was not satisfied because Connecticut was not the domicile of both parties immediately prior to or at the time of dissolution.

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Bluebook (online)
676 A.2d 427, 41 Conn. App. 382, 1996 Conn. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cashman-v-cashman-connappct-1996.