Fitzgerald v. Fitzgerald

547 A.2d 1387, 16 Conn. App. 548, 1988 Conn. App. LEXIS 399
CourtConnecticut Appellate Court
DecidedOctober 4, 1988
Docket5759
StatusPublished
Cited by17 cases

This text of 547 A.2d 1387 (Fitzgerald v. Fitzgerald) 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
Fitzgerald v. Fitzgerald, 547 A.2d 1387, 16 Conn. App. 548, 1988 Conn. App. LEXIS 399 (Colo. Ct. App. 1988).

Opinion

O’Connell, J.

The defendant appeals from a judgment of the trial court finding the plaintiff in contempt as a result of her violation of certain terms of the parties’ dissolution decree. The defendant claims that the trial court erred (1) in finding that a promissory note was not due and payable as a result of the plaintiff’s rental of the marital home, despite the fact that such rental violated the terms of the dissolution decree, and (2) in denying the defendant’s motion for modification of alimony in light of the plaintiff’s receipt of substantial income from the rental of the marital home. The plaintiff cross appeals alleging that the trial court erred (1) in finding that her rental of the marital home violated the dissolution decree, and (2) in finding her in contempt. We find no error on the appeal and error on the cross appeal.

The following facts are relevant to the resolution of this appeal. The marriage of the parties was dissolved on August 14, 1985. Pursuant to the decree of the trial court, the defendant transferred to the plaintiff his interest in the parties’ Glastonbury home, in return for the plaintiff’s execution of a noninterest bearing promissory note in the amount of $50,100. The decree [550]*550required that this note be secured by a mortgage on the property, and that it be payable upon the occurrence of any of four contingencies: the plaintiff’s remarriage, death, failure to use the property as the principal place of residence for herself and the parties’ minor child, or the date August 14, 1991.

On November 11, 1986, the defendant sought to have the plaintiff adjudged in contempt for, among other reasons, failing to use the Glastonbury property as the plaintiff’s primary residence.1 The defendant also filed a motion to modify the dissolution decree by reducing the $250 weekly alimony he paid to the plaintiff, as the defendant claimed that the plaintiff’s rental of the Glastonbury property constituted an unforeseen substantial change in circumstances.

The trial court denied that portion of the motion which sought to reduce the plaintiff’s alimony. The court also held that the plaintiff’s rental of the home violated the terms of the dissolution decree, and found her in contempt. The trial court refused, however, to order the plaintiff to pay the defendant the $50,100 due on the promissory note, because it found that the plaintiff believed that the rental was “allowable.” The court, instead, required the plaintiff to pay the defendant the sum of $5093, which equalled one-half of the income received for the six months rental of the marital home, adjusted for expenses due and owing between the parties.2 The plaintiff was ordered to pay the $5093 by January 1, 1987, to purge the contempt, and was fur[551]*551ther ordered to reinhabit the Glastonbury home by April 15, 1987.3 Failure to do so, or any future rental of the home by the plaintiff, would have resulted in the acceleration of the $50,100 debt owed to the defendant. The present appeal and cross appeal followed.

The defendant first claims that the trial court erred in failing to order the plaintiffs promissory note due and payable upon finding the plaintiff in contempt for vacating the marital home in violation of the divorce decree. The defendant argues, in essence, that the contempt finding operated as a fifth contingency under the terms of the dissolution decree, the occurrence of which required the plaintiff’s payment of the promissory note.

It is a well established doctrine that, in deciding disputes on the family law docket, trial courts have broad discretion to fashion equitable relief. Oneglia v. Oneglia, 14 Conn. App. 267, 271-72, 540 A.2d 713 (1988), and cases cited therein. In the present case, the trial court found the plaintiff in contempt for her actions in leaving the marital home, and in renting it to third parties. To find a party in contempt, a trial court must conclude that a party has disobeyed an order of the court. “ ‘Contempt is a disobedience to the rules and orders of a court which has power to punish for such an offense. Welsh v. Barber ... [52 Conn. 147, 157 (1884)]; 2 Swift, Digest, p. 358. ... A civil contempt is one in which the conduct constituting the contempt is directed against some civil right of an opposing party and the proceeding is initiated by him.’ ” Stoner v. [552]*552Stoner, 163 Conn. 345, 359, 307 A.2d 146 (1972), quoting State v. Jackson, 147 Conn. 167, 168-69, 158 A.2d 166 (1960).

In the present case, the trial court erred in finding the plaintiff in contempt, as the plaintiffs actions did not violate an order of the court. The trial court, in rendering the dissolution decree, never affirmatively ordered the plaintiff to remain in the marital home. Rather, the decree merely provided that the failure to remain in occupancy constituted a contingency which would, in turn, cause the promissory note referenced in the decree to become due and payable. The dissolution decree simply placed the plaintiff on notice that any of several actions, if taken, would trigger the payment on the note to the defendant. Given the nature of the order, the plaintiffs actions could not constitute a “disobedience” thereof, and the trial court erroneously found the plaintiff in contempt.

We further conclude, however, that the trial court’s actions in denying the relief requested did not fall beyond the scope of the trial court’s remedial discretion in the determination of family law matters. “In family matters, the court exercises its equitable powers. The balancing of equities is a matter which falls within the discretion of the trial court. Kakalik v. Bernardo, 184 Conn. 386, 395, 439 A.2d 1016 (1981). For that reason, equitable remedies are not bound by formula but are molded to the needs of justice. Hebrew University Assn. v. Nye, 26 Conn. Sup. 342, 348-49, 223 A.2d 397 (1966). ‘ “The scope of our review of a trial court’s exercise of its broad discretion in domestic relations cases is limited to the questions of whether the trial court correctly applied the law and could reasonably have concluded as it did. Leo v. Leo, 197 Conn. 1, 4, 495 A.2d 704 (1985); Rose v. Rose, 10 Conn. App. 391, 393, 523 A.2d 914 (1987).” Voloshin v. Voloshin, 12 Conn. App. 626, 629, 533 A.2d 573 (1987).’ ” Oneglia v. Oneglia, [553]*553supra, 271-72, quoting Crocker v. Crocker, 13 Conn. App. 129, 132, 534 A.2d 1251 (1987).

With regard to the trial court’s actions in ordering the remedial measures outlined herein, we find that this standard has been met.

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Bluebook (online)
547 A.2d 1387, 16 Conn. App. 548, 1988 Conn. App. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-fitzgerald-connappct-1988.