Reininger v. Reininger

871 A.2d 422, 49 Conn. Supp. 238, 2005 Conn. Super. LEXIS 56
CourtConnecticut Superior Court
DecidedJanuary 6, 2005
DocketFile No. FA-89-0511224S
StatusPublished

This text of 871 A.2d 422 (Reininger v. Reininger) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reininger v. Reininger, 871 A.2d 422, 49 Conn. Supp. 238, 2005 Conn. Super. LEXIS 56 (Colo. Ct. App. 2005).

Opinion

SWIENTON, J.

The present matter comes before this court by virtue of a motion for contempt and a motion for modification, postjudgment, both filed by the plaintiff, Gerilyn M. Reininger. The marriage of the parties was dissolved by decree on March 29, 1990. There is one child of the marriage, Aaron, who became eighteen years of age on May 31, 2004, and graduated from high school in June, 2004. He is currently enrolled full-time at an accredited college, the University of Connecticut in Storrs.

On July 23, 2004, the plaintiff filed a motion for contempt, alleging that Robert E. Reininger, the defendant, had ceased making child support payments as of June, 2004. The hearing was continued on several occasions to October 12, 2004, due to the defendant’s unavailability, as he resides in Colorado. At the beginning of the hearing, the parties brought to the court’s attention a motion for modification that had been filed by the plaintiff, dated October 7, 2004, which had also been calendared for hearing for October 12, 2004, but had not reached the court’s file. The defendant’s attorney orally moved the court to dismiss the motion for modification based on the court’s lack of jurisdiction, and the parties agreed that the court, in addition to hearing the motion for contempt, would hear legal argument on the motion for modification.1

The dispute of the parties stems from their different interpretations as to the cessation of child support payments on behalf of Aaron. The plaintiff contends that the child support payments are to continue past the age of majority so long as the minor child is a full-time [240]*240student at an accredited university up to the age of twenty-three. The defendant’s position is that the child support ceased when Aaron graduated from high school, as he had become eighteen years of age. Thus, the plaintiff alleges in her motion for contempt that, inter alia, the defendant has failed to pay child support for the minor child as per the stipulation of the parties in their separation agreement.2

The separation agreement provided for child support, in part, as follows: “6. Child Support. The [defendant] agrees to pay the sum of $600.00 per month for the support of said minor child by way of military allotment for 18 months. After 18 months it shall increase to $650.00/month.”

The separation agreement, in a separate paragraph entitled “7. Education of the Child,” provided: “(a) The [defendant] further agrees to continue support payments for said minor child beyond the age of majority of eighteen (18) years so long as the minor child is a full-time student. In addition, the parties agree to pay on a proportionate basis for tuition and room and board at an accredited university so long as the child is less than the age of twenty-three (23) years.” (Emphasis added.)

The judgment in the file reads as follows: “By agreement, it is also ordered that the [defendant agrees to continue support payments for said minor child beyond the age of majority of eighteen (18) years so long as the minor child is a full-time student and less than [twenty-three] years of age.”

To complicate the issue further, there was also a modification to the original judgment. In particular, on July 20, 1992, addressing a motion to modify filed by [241]*241the plaintiff and one filed by the defendant, the parties stipulated and agreed in writing: “Child Support shall be modified effective September 30, 1991 to the sum of $825.00 per month. This shall be payable by a monthly allotment of $650.00 paid by the [defendant directly to the [pjlaintiff and a further $175.00 per month that shall be credited toward the payment of a certain mortgage owed by the [pjlaintiff to the [djefendant in the principal amount of $18,329.60, as ordered by the Superior Court on page five of the [¡judgment of [djissolution, dated March 29, 1990.” (Emphasis added.) The stipulation went on to state that the parties acknowledged that “due to the financial circumstances of each party that the child support guidelines [were] found to be inapplicable.”

Thus, the two issues for the court to address are: (1) does the defendant have an obligation to continue with the child support payments past the child’s age of majority so long as he is a full-time student and less than twenty-three years of age in addition to college expenses, and, if so, what is that obligation; and (2) if there is, in fact, an obligation to continue with child support payments, does the court have jurisdiction to modify a postmajority support order?

When a judgment incorporates a separation agreement in accordance with a stipulation of the parties, it is to be regarded and construed as a contract. Barnard v. Barnard, 214 Conn. 99, 109, 570 A.2d 690 (1990) ; Zivic v. Zivic, 26 Conn. App. 5, 7, 596 A.2d 475 (1991) ; Albrecht v. Albrecht, 19 Conn. App. 146, 152, 562 A.2d 528, cert. denied, 212 Conn. 813, 565 A.2d 534 (1989). Construction of such an agreement is an issue of fact to be resolved by the trial court as the trier of fact.

In giving meaning to the terms of a contract, the court should construe the agreement as a whole, and its relevant provisions are to be considered together. [242]*242Barnard, v. Barnard, supra, 214 Conn. 109; 17A Am. Jur. 2d 353, Contracts § 367 (2004). The contract must be construed to give effect to the intent of the contracting parties. Barnard v. Barnard, supra, 109; Sturman v. Socha, 191 Conn. 1, 10, 463 A.2d 527 (1983). “This intent must be determined from the language of the instrument and not from any intention either of the parties may have secretly entertained.” Sweeny v. Sweeny, 9 Conn. App. 498, 501, 519 A.2d 1237 (1987).

The separation agreement spelled out the amount of child support to be awarded and went on to provide in the education paragraph that the defendant “further agrees to continue support payments for said minor child beyond the age of majority of eighteen (18) years so long as the minor child is a full-time student.” The judgment of the court elaborated on this and provided that the support payment would continue beyond the age of majority of eighteen so long as the minor child is a full-time student “and less than [twenty-three] years of age.” (Emphasis added.)

Because there appears to be a conflict between the language of the separation agreement and the language in the judgment, the court then examined the transcript of the dissolution hearing to see whether the parties testified as to their intent regarding this issue. The defendant, at the time of the hearing for the dissolution, was represented by counsel and, from the transcript of the hearing in the court file, was in attendance. During questioning of the plaintiff, her attorney asked:

“Q. And [the defendant] to pay the sum of $600 per month support for the minor child?
“A. Yes.
“Q.

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

Related

Kennedy v. Kennedy
411 A.2d 25 (Supreme Court of Connecticut, 1979)
Sturman v. Socha
463 A.2d 527 (Supreme Court of Connecticut, 1983)
Arseniadis v. Arseniadis
477 A.2d 152 (Connecticut Appellate Court, 1984)
Barnard v. Barnard
570 A.2d 690 (Supreme Court of Connecticut, 1990)
Fusco v. Fusco
835 A.2d 6 (Supreme Court of Connecticut, 2003)
Sweeny v. Sweeny
519 A.2d 1237 (Connecticut Appellate Court, 1987)
Albrecht v. Albrecht
562 A.2d 528 (Connecticut Appellate Court, 1989)
Zivic v. Zivic
596 A.2d 475 (Connecticut Appellate Court, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
871 A.2d 422, 49 Conn. Supp. 238, 2005 Conn. Super. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reininger-v-reininger-connsuperct-2005.