Dobozy v. Dobozy

697 A.2d 1117, 241 Conn. 490, 1997 Conn. LEXIS 194
CourtSupreme Court of Connecticut
DecidedJuly 8, 1997
DocketSC 15528
StatusPublished
Cited by24 cases

This text of 697 A.2d 1117 (Dobozy v. Dobozy) 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
Dobozy v. Dobozy, 697 A.2d 1117, 241 Conn. 490, 1997 Conn. LEXIS 194 (Colo. 1997).

Opinion

Opinion

PETERS, J.

The principal issue in this certified appeal is the extent to which General Statutes § 46b-62 authorizes a trial court, in a contempt proceeding brought to enforce child care and support orders, to award reasonable attorney’s fees to the prevailing parent without first finding the respondent parent in contempt. The plaintiff, Sharon Dobozy, filed a motion for contempt alleging that her former spouse, the defendant, John Dobozy, had failed to comply with child care and support orders. At the close of the contempt proceeding, when the orders belatedly had been satisfied, the trial court, Petroni, J., granted the plaintiffs oral motion for attorney’s fees. The defendant appealed this ruling to the Appellate Court, which vacated the award of attorney’s fees and remanded the case to the trial court with direction to deny the plaintiffs motion. Dobozy v. Dobozy, 41 Conn. App. 861, 865, 677 A.2d 490 (1996). We granted the plaintiffs petition for certification to appeal1 and reverse the judgment of the Appellate Court.

The record in this case discloses the following facts. On May 16,1991, the trial court, McKeever, J., rendered a judgment dissolving the parties’ marriage. Pursuant to a separation agreement, the parties maintained split physical custody of their two minor children, the minor son residing with the defendant and the minor daughter with the plaintiff. The parties further agreed that the [493]*493defendant would pay child support to the plaintiff. In June, 1994, with judicial approval, the parties modified the separation agreement to provide that the defendant would arrange for psychological counseling of the minor son “as soon as practical.”

In July and September, 1994, the plaintiff filed motions for contempt alleging, respectively, that the defendant had failed to provide the agreed upon psychological counseling and had failed to satisfy his child support obligations. On October 13,1994, the trial court, Petroni, J., without finding the defendant in contempt, ordered him to bring the minor son to a guidance center for psychological evaluation and to pay the amount of the child support arrearage.

In December, 1994, the plaintiff filed a third motion for contempt, alleging again that the defendant had failed both to arrange for a psychological evaluation of the minor son and to make the requisite child support payments. At a hearing on this motion held on January 19, 1995, the plaintiff agreed to transport the minor son to the psychologist at her own expense, and the defendant tendered the total amount of the child support arrearage. On the basis of these developments, the trial court concluded that the child care and support orders had been satisfied. The court again did not find the defendant in contempt.

At the beginning and again at the close of the January, 1995 hearing, the plaintiff orally moved for attorney’s fees. She produced a bill in the amount of $2537 for legal services rendered up to the date of the hearing and testified that she lacked funds sufficient to cover the total amount. Invoking its authority “under [§] 46b-62, the attorney’s [fees] statute, and under the statute for contempt [General Statutes § 46b-872],” the trial court [494]*494granted the plaintiffs motion. Although the defendant sought to question the plaintiffs attorney with respect to the reasonableness of his bill, the trial court refused this request.3 The court concluded that it had sufficient information before it to determine that $2537 was a reasonable amount because it had observed the time spent prosecuting the contempt motions and because it was persuaded that the $175 per hour billing rate was not excessive. After finding that the defendant’s earning capacity was greater than he had represented, the trial court ordered the defendant to pay one half of the plaintiffs attorney’s fees on an installment basis.

The Appellate Court reversed the trial court’s award of attorney’s fees. Dobozy v. Dobozy, supra, 41 Conn. [495]*495App. 865. In reliance on this court’s decision in Mallory v. Mallory, 207 Conn. 48, 58, 539 A.2d 995 (1988), the Appellate Court concluded that, under §§ 46b-62 and 46b-87, the trial court’s power “to award attorney’s fees in a contempt proceeding is limited to those cases in which the respondent is found in contempt for failure to comply with child support or child care orders.” (Emphasis added.) Dobozy v. Dobozy, supra, 865.

On appeal to this court, the plaintiff does not claim that § 46b-87 authorizes the award of attorney’s fees in the absence of a contempt finding. She contends, however, that the Appellate Court took an improperly narrow view of a trial court’s authority under § 46b-62 to award attorney’s fees in proceedings brought to enforce child care and support orders. The defendant not only urges us to support the Appellate Court’s limiting construction of § 46b-62 in the context of contempt proceedings but also argues, alternatively, that the trial court improperly used whatever authority § 46b-62 conferred upon it by refusing to afford the defendant the opportunity to challenge the reasonableness of the fees to be awarded. Although we agree with the plaintiff that the trial court had the authority to award attorney’s fees under § 46b-62,4 we agree with the defendant that the court should not have exercised that authority without first granting the defendant’s request to present evidence challenging the reasonableness of these fees.

[496]*496I

On the basis of this court’s decision in Mallory v. Mallory, supra, 207 Conn. 58, the Appellate Court took a narrow view of the trial court’s authority to award attorney’s fees in contempt proceedings. We, therefore, begin our analysis with the facts and holding of that case. In Mallory, shortly after the dissolution of the parties’ marriage, the former wife brought a contempt action against her former husband for failure to meet his child support obligations. Id., 57. The trial court found the husband in contempt and ordered him to reimburse the wife for attorney’s fees that she had incurred during the course of the proceeding. Id. On appeal, we concluded that the trial court had the discretion to enter such an order. Id., 58. The contempt statute, § 46b-87, did not at the time provide for attorney’s fees. See footnote 5 of this opinion. We relied, therefore, primarily on the trial court’s generic remedial authority under § 46b-62 for the proposition that, “when a person is properly found in contempt for failure to comply with child support orders, a court may award the petitioner reasonable compensation for attorney’s fees incurred during that contempt proceeding.” Id., 58.

The Appellate Court interpreted this language from Mallory to signify that, in a contempt proceeding brought to enforce child care and support orders, a trial court may award attorney’s fees only when the respondent is found in contempt. The holding in Mallory, however, does not sweep this broadly. Because Mallory involved a contempt proceeding in which the respondent was

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wethington v. Wethington
223 Conn. App. 715 (Connecticut Appellate Court, 2024)
Poole v. Bureau of Support Enforcement Ex Rel. Roebuck
192 A.3d 768 (Court of Special Appeals of Maryland, 2018)
Pena v. Gladstone
144 A.3d 1085 (Connecticut Appellate Court, 2016)
Larson v. Larson
51 A.3d 411 (Connecticut Appellate Court, 2012)
Culver v. Culver
17 A.3d 1048 (Connecticut Appellate Court, 2011)
Behrns v. Behrns
6 A.3d 184 (Connecticut Appellate Court, 2010)
Fennelly v. Norton
985 A.2d 1026 (Supreme Court of Connecticut, 2010)
Ramin v. Ramin
915 A.2d 790 (Supreme Court of Connecticut, 2007)
Medvey v. Medvey
850 A.2d 1092 (Connecticut Appellate Court, 2004)
Esposito v. Esposito
804 A.2d 846 (Connecticut Appellate Court, 2002)
Didelot v. Malanoski, No. Fa 00 0181219 S (Mar. 20, 2002)
2002 Conn. Super. Ct. 3501 (Connecticut Superior Court, 2002)
Cooke v. Cooke, No. Fa97 0162861 (Apr. 3, 2001)
2001 Conn. Super. Ct. 4820 (Connecticut Superior Court, 2001)
Teed-Wargo v. Wargo, No. Fa97 0715207 S (Dec. 11, 2000)
2000 Conn. Super. Ct. 15333 (Connecticut Superior Court, 2000)
Perras v. Perras, No. Fa 89-0092817-S (Sep. 25, 2000)
2000 Conn. Super. Ct. 12142 (Connecticut Superior Court, 2000)
Newman v. Newman, No. Fa93 0133487 S (Jul. 13, 2000)
2000 Conn. Super. Ct. 8300 (Connecticut Superior Court, 2000)
Panganiban v. Panganiban
736 A.2d 190 (Connecticut Appellate Court, 1999)
Gaines v. Gaines, No. Fa95 0149475 (Jul. 26, 1999)
1999 Conn. Super. Ct. 9800 (Connecticut Superior Court, 1999)
Agostino v. Agostino, No. Fa 95 126601 (Jun. 9, 1998)
1998 Conn. Super. Ct. 7321 (Connecticut Superior Court, 1998)
Garb v. Garb, No. Fa91 0116197 S (Apr. 23, 1998)
1998 Conn. Super. Ct. 5014 (Connecticut Superior Court, 1998)
Eldridge v. Eldridge
710 A.2d 757 (Supreme Court of Connecticut, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
697 A.2d 1117, 241 Conn. 490, 1997 Conn. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobozy-v-dobozy-conn-1997.