Medvey v. Medvey

850 A.2d 1092, 83 Conn. App. 567, 2004 Conn. App. LEXIS 271
CourtConnecticut Appellate Court
DecidedJune 29, 2004
DocketAC 24142
StatusPublished
Cited by5 cases

This text of 850 A.2d 1092 (Medvey v. Medvey) 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
Medvey v. Medvey, 850 A.2d 1092, 83 Conn. App. 567, 2004 Conn. App. LEXIS 271 (Colo. Ct. App. 2004).

Opinion

Opinion

BISHOP, J.

In this marital dissolution action, the defendant, Robert E. Medvey, appeals from the trial court’s postdissolution judgment holding him in contempt for his failure to pay alimony in accordance with the terms of the parties’ dissolution judgment. On appeal, the defendant claims that the court improperly (1) premised its finding of contempt on an incorrect determination of his gross income for calendar year 2002, (2) found that he wilfully failed to comply with the alimony provision of the dissolution judgment and (3) awarded $7500 in counsel fees to the plaintiff. We affirm the judgment of the trial court.

The following facts and procedural history are relevant to our consideration of the issues on appeal. The marriage of the parties was dissolved by judgment of the court on May 26, 1998. In its judgment, the court incorporated by reference a marital separation agreement between the parties dated May 26,1998. The agreement provided, in part, that the defendant would pay the plaintiff a base amount of alimony of $25,000 a year in twenty-four equal installments. The agreement also required the defendant to pay the plaintiff, as addi[569]*569tional alimony, a sum equal to one third of all “Line 7 income” in excess of $130,000. While the use of the term “Line 7” in the agreement was a specific reference to line seven of schedule C of the 1997 Internal Revenue Service foim 1040, the parties’ agreement included additional language reflecting their intent that “all of the [defendant’s] earned income shall be subject to the [plaintiffs] alimony rights. . . .” The agreement defined “earned income” as “income paid to the [defendant] in consideration for goods, services or work performed or provided by him” and excluding “passive or investment income, awards, lottery earnings, gift, inheritance or other things of value received other than as compensation. . . .” Furthermore, it designated that, at the time, the defendant’s “earned income” was derived from “transactional fees; advisory fees; referral fees; commissions in connection with his occupation as a registered representative and registered financial advisor; and other commissions or compensation for services rendered. ...”

On November 21, 2002, the plaintiff filed a motion to hold the defendant in contempt for his alleged failure to pay alimony during 2002 in accordance with the terms of the marital dissolution judgment. Specifically, the plaintiff claimed that the defendant had failed to make the alimony payments required under the provision of the agreement that required the defendant to pay “additional alimony” pursuant to a formula related to his additional earned income. The defendant, in turn, filed a motion to modify the judgment, alleging that since the date of the marital dissolution, he had become a partner in a limited liability company and that he was no longer receiving income as a consultant. Specifically, the defendant alleged that income that once went directly to him was now being paid to the partnership, and the partnership, in turn, was paying all company expenses before remitting payment to the defendant. [570]*570Thus, the defendant claimed that although he had continued to perform the same types of services as before the marital dissolution, his actual earned income had diminished substantially by reason of the fact that payments that used to be made to him directly were now being made to his partnership and that some of those funds were now being utilized by the partnership for company expenses. The court, however, disagreed and, after an evidentiary hearing, found the defendant in contempt.

The essence of the court’s finding was that the defendant’s new arrangement did not substantially alter the amount of funds available to him and, therefore, he owed the plaintiff “additional alimony” in the amount of $67,887.95. Specifically, the court found that even though the defendant had become an employee of a new entity, he had received less funds from his employer only because he had directed the company from which he earned commissions to remit those commissions to his new employer and not to him personally. The court further found that those remittances were, in fact, payable to the defendant and were available to him, but for his contrary instructions that they be paid to his new employer. Thus, the court assigned to the defendant as income all sums credited to him, even though they were not actually received by him during the year. As a consequence, the court found the defendant in contempt and ordered him to pay the plaintiff the sum of $67,887.95. In addition, the court ordered the defendant to pay plaintiffs counsel the sum of $7500. This appeal followed.

We begin by articulating the appropriate standard of review. The defendant raises three claims on appeal. As to his first two claims regarding the court’s determination of the amount of alimony due for 2002 and the court’s finding of contempt, our review requires a two part inquiry. First, we must determine whether the [571]*571agreement entered into between the parties in conjunction with the dissolution of their marriage was clear and unambiguous. See Amodio v. Amodio, 56 Conn. App. 459, 470, 743 A.2d 1135, cert. granted on other grounds, 253 Conn. 910, 754 A.2d 160 (2000) (appeal withdrawn September 27, 2000). If so, then the court’s determination of the parties’ intent was a legal and not a factual conclusion, and our review of that conclusion is plenary. Id. Second, if we find that the court accurately assessed the intent of the parties regarding the alimony provisions of their marital dissolution agreement, we must then decide whether the court correctly determined that the defendant wilfully had violated its terms.

As to the first question, it is familiar law that a marital dissolution agreement is a contract. Id. Thus, in reviewing it, we are guided by the law that the interpretation of a contract may either be a question of law or fact, depending on whether the language of the contract is clear and unambiguous. See Issler v. Issler, 250 Conn. 226, 235, 737 A.2d 383 (1999). Here, the parties agree, as do we, that the language of the contract at hand is clear and unambiguous. Thus, the court’s conclusions regarding the intent of the parties in making the contract required legal judgment. See Amodio v. Amodio, supra, 56 Conn. App. 470. Accordingly, they are subject to plenary review. See id.

As to the second question, barring any issues of jurisdiction or authority, “[w]e note that the abuse of discretion standard applies to the trial court’s decision on [a] motion for contempt.”1 Legnos v. Legnos, 70 Conn. App. [572]*572349, 353 n.2, 797 A.2d 1184, cert. denied, 261 Conn. 911, 806 A.2d 48 (2002). If, however, the factual findings that the court relied on to conclude that the defendant was in contempt are attacked on appeal, we must review those findings under the clearly erroneous standard “[i]n addition to reviewing the propriety of the court’s decision as a general matter . . . .’’Id. With those principles in mind, we now turn to the merits of the defendant’s first two claims.

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Cite This Page — Counsel Stack

Bluebook (online)
850 A.2d 1092, 83 Conn. App. 567, 2004 Conn. App. LEXIS 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medvey-v-medvey-connappct-2004.