Roos v. Roos

853 A.2d 642, 84 Conn. App. 415, 2004 Conn. App. LEXIS 347
CourtConnecticut Appellate Court
DecidedAugust 10, 2004
DocketAC 24537
StatusPublished
Cited by20 cases

This text of 853 A.2d 642 (Roos v. Roos) 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
Roos v. Roos, 853 A.2d 642, 84 Conn. App. 415, 2004 Conn. App. LEXIS 347 (Colo. Ct. App. 2004).

Opinion

Opinion

FLYNN, J.

The defendant, Dale Roos, Sr., appeals from the judgment of the trial court finding him in contempt and issuing certain postjudgment orders in response to the motion to show cause filed by the plaintiff, Michele Roos. On appeal, the defendant claims that the court improperly (1) denied his motion to dismiss for lack of subject matter jurisdiction, (2) ordered a repayment schedule without making a finding that he had the ability to pay and (3) applied the incorrect burden of proof with regard to the finding of contempt.1 We affirm the judgment.

[417]*417The following facts are relevant to the defendant’s appeal. The marriage of the plaintiff and the defendant was dissolved on April 19, 2002. The parties’ separation agreement, which delineated the accorded property settlement and maintenance of the parties, was accepted by the court and incorporated by reference into the judgment of dissolution. Specifically, article XI, § B, of the agreement provided: “Each party further agrees that neither will hereafter incur or contract any debt, charge or liability whatsoever for which the other, or legal representative, property or estate of the other, may hereafter become liable, and that for any such debt, charges or liabilities, each shall at all times indemnify and hold the other harmless therefrom.”

Almost ten months after the dissolution, the plaintiff filed a motion to “Show Cause Why the Defendant Should not be Found in Contempt,” claiming that the defendant was in violation of the court’s order because he improperly had contracted debt by charging more than $12,000 on a credit card belonging to the plaintiff. The defendant orally raised a question of subject matter jurisdiction during the hearing on the plaintiffs motion, and the court held that it retained jurisdiction over its judgment and that the matter properly was before it. Subsequently, the court found the defendant in contempt and ordered him incarcerated for a period not to exceed thirty days. This order was suspended for a period of one week to allow the defendant the opportunity to purge by paying to the plaintiff the sum of $5000. The defendant was further ordered to make monthly payments thereafter in the amount of $500 until he paid to the plaintiff $12,263.75 for the credit card debt he had incurred in the plaintiffs name and an additional amount of $3000 for her attorney’s fees for a total of $15,263.75.

The defendant orally asked the court to clarify whether it had made a finding that he had the ability [418]*418to make the $5000 payment. The court responded that its order was clear and that it believed that under all the circumstances the amount was “fair and reasonable.” The defendant made no further request for an articulation. This appeal followed.

Because the defendant has failed to provide an adequate record for review; see Practice Book § 61-10;2 by failing to file a motion for articulation or by providing this court with a signed transcript of the court’s oral decision, we will review only the defendant’s claim that the court lacked subject matter jurisdiction, that being purely a question of law warranting plenary review. See Norwalk v. Farrell, 80 Conn. App. 399, 406 n.10, 835 A.2d 117 (2003).

The defendant claims on appeal that the court was without subject matter jurisdiction to hear the plaintiffs motion for contempt. He argues that “[t]he court did not have subject matter jurisdiction to decide the issue as to whether the defendant was in contempt due to his excessive charges on the plaintiffs credit card because the divorce decree had been finalized and its terms did not contemplate the factual circumstances upon which the motion for contempt was based.” Additionally, the defendant argues that the family court’s jurisdiction extends only to those areas specifically mentioned in General Statutes § 46b-66(a)3 and that the [419]*419plaintiffs remedy was an action for breach of contract, not a motion for contempt for violation of the family court order.

The plaintiff responds that this is exactly the scenario that was contemplated by the agreement and the court’s order, i.e., that “neither party [was] to contract debt in the other’s name,” and that the matter properly was before the family court because the defendant violated a specific order of that court. We agree with the plaintiff that the court did have subject matter jurisdiction to consider a motion for contempt that alleged a violation of its original judgment.

“[I]n determining whether a court has subject matter jurisdiction, every presumption favoring jurisdiction should be indulged.” (Internal quotation marks omitted.) Bee v. Bee, 79 Conn. App. 783, 799, 831 A.2d 833, cert. denied, 266 Conn. 932, 837 A.2d 805 (2003). We recognize a distinction between a court’s jurisdiction and its statutory authority to act. See 1 Restatement (Second), Judgments § 11 (1982). “Subject matter jurisdiction involves the authority of a court to adjudicate the type of controversy presented by the action before it. . . . A court does not truly lack subject matter jurisdiction if it has competence to entertain the action before it. . . . Once it is determined that a tribunal has authority or competence to decide the class of cases to which the action belongs, the issue of subject matter jurisdiction is resolved in favor of entertaining the action.” (Citations omitted; internal quotation marks omitted.) Amodio v. Amodio, 247 Conn. 724, 727-28, 724 A.2d 1084 (1999).

General Statutes § 46b-66 (a) specifically grants the court the authority to incorporate by reference into its judgment of dissolution a fair and equitable separation agreement concerning several enumerated items, including the disposition of property, thereby making [420]*420it an order or decree of the court. “The purpose of a dissolution action is to sever the marital relationship, to fix the rights of the parties with respect to alimony and child support . . . [and] to divide the marital estate . . . .” (Citations omitted; internal quotation marks omitted.) Bouchard v. Sundberg, 80 Conn. App. 180, 189, 834 A.2d 744 (2003). The trial court is empowered to deal broadly with the equitable division of property incident to a dissolution proceeding, and, consistent with the purpose of equitable distribution statutes generally, the term property should be interpreted broadly as well. Jewett v. Jewett, 265 Conn. 669, 682, 830 A.2d 193 (2003). General Statutes § 46b-814 “confers broad powers upon the court in the assignment of property,” and the allocation of liabilities and debts is a part of the court’s broad authority in the assignment of property. Schmidt v. Schmidt, 180 Conn. 184, 191, 429 A.2d 470 (1980). In addition, General Statutes § 46b-1 provides in relevant part that “[m]atters within the jurisdiction of the Superior Court deemed to be family relations matters shall be matters affecting or involving: (1) [dissolution of marriage . . .

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

Related

Karen v. Loftus
228 Conn. App. 163 (Connecticut Appellate Court, 2024)
Bologna v. Bologna
208 Conn. App. 218 (Connecticut Appellate Court, 2021)
Kirwan v. Kirwan
202 A.3d 458 (Connecticut Appellate Court, 2019)
Reinke v. Sing
179 A.3d 769 (Supreme Court of Connecticut, 2018)
Sousa v. Sousa
143 A.3d 578 (Supreme Court of Connecticut, 2016)
Lawrence v. Cords
139 A.3d 778 (Connecticut Appellate Court, 2016)
Hirschfeld v. MacHinist
27 A.3d 395 (Connecticut Appellate Court, 2011)
Stechel v. Foster
8 A.3d 545 (Connecticut Appellate Court, 2010)
McKenna v. Delente
2 A.3d 38 (Connecticut Appellate Court, 2010)
Cifaldi v. Cifaldi
983 A.2d 293 (Connecticut Appellate Court, 2009)
Rozsa v. Rozsa
977 A.2d 722 (Connecticut Appellate Court, 2009)
Clark v. Clark
974 A.2d 33 (Connecticut Appellate Court, 2009)
Simes v. Simes
895 A.2d 852 (Connecticut Appellate Court, 2006)
State v. Taylor
882 A.2d 682 (Connecticut Appellate Court, 2005)
LORICCO TOWERS CONDOMINIUM ASS'N v. Pantani
876 A.2d 1211 (Connecticut Appellate Court, 2005)
Fewtrell v. Fewtrell
865 A.2d 1240 (Connecticut Appellate Court, 2005)
Roos v. Roos
861 A.2d 510 (Supreme Court of Connecticut, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
853 A.2d 642, 84 Conn. App. 415, 2004 Conn. App. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roos-v-roos-connappct-2004.