Renstrup v. Renstrup

217 Conn. App. 252
CourtConnecticut Appellate Court
DecidedJanuary 17, 2023
DocketAC44489
StatusPublished
Cited by2 cases

This text of 217 Conn. App. 252 (Renstrup v. Renstrup) 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
Renstrup v. Renstrup, 217 Conn. App. 252 (Colo. Ct. App. 2023).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** HEDYEH RENSTRUP v. JENS RENSTRUP (AC 44489) Bright, C. J., and Moll and Vertefeuille, Js.

Syllabus

The defendant appealed from the trial court’s financial orders issued in connection with the judgment dissolving his marriage to the plaintiff. During the parties’ marriage, the defendant was the primary wage earner for the family while the plaintiff remained at home and raised their two minor children. At the time of dissolution, the defendant earned, inter alia, a base salary and was eligible for a cash bonus targeted at 30 percent of his base salary. The defendant’s weekly net income exceeded $4000. The trial court attributed to the plaintiff an earning capacity of $40,000 per year, and, in light of the plaintiff’s earning capacity, a devia- tion criterion under the Child Support and Arrearage Guidelines set forth in the applicable regulations (§ 46b-215a-1 et seq.), the court used that deviation in its calculation of the defendant’s child support obliga- tion. The court added the plaintiff’s earning capacity to the defendant’s net weekly income to arrive at a new, combined weekly income and used the guidelines to determine a basic child support range. Rather than adjusting the defendant’s basic child support obligation downward from the original range to account for the plaintiff’s earning capacity, the court ordered the defendant, the noncustodial parent, to pay a weekly child support award of $1000 per week, which reflected a 5 percent deviation upward from the top of the basic child support range based on the parties’ combined weekly income. The court also ordered the defendant to pay a supplemental child support payment equal to 17.71 percent of the after-tax amounts of any bonuses and other income he earned. The court awarded the plaintiff alimony and a supplemental alimony award in the amount of 17.71 percent of the after-tax amounts of any bonuses and other income earned by the defendant in any year in which he has an alimony obligation to the plaintiff. Held: 1. The trial court abused its discretion in calculating the defendant’s initial child support obligation: a. The trial court erred by increasing, rather than reducing, the defen- dant’s obligation based on the plaintiff’s earning capacity; although the court was permitted in its application of the deviation criteria to consider the plaintiff’s earning capacity, its application of the criteria was inconsis- tent with its reason for the deviation and with the principles on which the guidelines are based, which contemplate that the noncustodial par- ent’s basic child support obligation will account for each party’s pro rata share of child support as calculated by the guidelines and should not reflect the parties’ total child support obligation; moreover, once the court decided to factor in the plaintiff’s earning capacity to determine the parties’ child support obligations, it should have assigned at least a portion of the joint obligation to the plaintiff based on her earning capacity, rather than assigning the entire child support obligation to the defendant. b. The trial court abused its discretion in ordering the defendant to pay the plaintiff $1000 per week as basic child support as part of its initial child support order without making the required findings to support its application of the deviation criteria: although the court made a finding of the presumptive child support amount in which consideration of the plaintiff’s earning capacity erroneously justified an upward deviation in the defendant’s basic child support obligation from $705 to $955 per week, it did not make a specific finding to justify its further increase of the defendant’s obligation from $955 to $1000 per week, and failed to provide an explanation as to the deviation criteria on which it relied; moreover, the court’s reliance on a statute (§ 46b-86) in finding that the upward deviation from $955 to $1000 per week was permitted, as it represented a deviation of less than 15 percent of the total amount, was improper, as § 46b-86 governs modification of child support orders, not initial child support orders. 2. The trial court’s supplemental child support order, which awarded the plaintiff 17.71 percent of the defendant’s undetermined future income above his base salary, was based on a clearly erroneous factual finding and was in error: in the present case, although it was within the court’s discretion to make a supplemental order with respect to income of an indeterminate amount as the parents’ net weekly income exceeded $4000, the error was not the amount awarded in the court’s order but, rather, the court’s failure to provide an explicit justification as to how the additional funds would be used for the benefit of the children and how the award was related to the factors identified in the applicable statute (§ 46b-84 (d)); moreover, there was no evidence in the record to support the trial court’s factual finding that the defendant’s annual cash bonus was ‘‘capped’’ at 30 percent of his base salary, as that finding conflicted with the only evidence presented on that issue, the defendant’s employment contract, and, thus, the court’s finding was clearly errone- ous. 3. This court concluded that the trial court’s supplemental alimony award failed for the same reason the supplemental child support award failed, namely, because the order was based, in part, on the trial court’s errone- ous finding that the defendant’s annual bonus was capped at 30 percent of his annual salary; there was no evidence in the record to support the court’s finding that the defendant’s bonus was capped at 30 percent of his annual salary and, thus, the supplemental alimony order did not have a reasonable basis in fact. 4.

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Cite This Page — Counsel Stack

Bluebook (online)
217 Conn. App. 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renstrup-v-renstrup-connappct-2023.