Sablosky v. Sablosky

762 A.2d 922, 61 Conn. App. 66, 2000 Conn. App. LEXIS 592
CourtConnecticut Appellate Court
DecidedDecember 12, 2000
DocketAC 19261
StatusPublished
Cited by11 cases

This text of 762 A.2d 922 (Sablosky v. Sablosky) 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
Sablosky v. Sablosky, 762 A.2d 922, 61 Conn. App. 66, 2000 Conn. App. LEXIS 592 (Colo. Ct. App. 2000).

Opinion

Opinion

PELLEGRINO, J.

The defendant, Michael Sablosky, appeals from the judgment of the trial court finding him in contempt for failure to pay certain educational [67]*67expenses of his children as ordered in the judgment of dissolution of his marriage with the plaintiff, Alice Sablosky. The defendant claims that the court (1) improperly construed the terms of the dissolution judgment, (2) abused its discretion by finding him in wilful contempt for the failure to comply with the orders contained in the judgment of dissolution, (3) improperly calculated the damages awarded to the plaintiff, (4) abused its discretion by awarding the plaintiff attorney’s fees and costs, and (5) improperly found that the plaintiff s claim that the defendant was in contempt was not barred by the doctrines of waiver, laches and equitable estoppel. We reverse the judgment of the trial court.

The following facts and procedural history are relevant to our resolution of this appeal. On July 12,1993, the trial court rendered judgment dissolving the marriage of the parties. A written postmajority support provision that was agreed to by the parties was incorporated into the judgment of dissolution. As of the date of the dissolution, the parties had two children, Shannon and Michael. In accordance with his agreement, the defendant was required to pay for the children’s college tuition and books, and one half of the cost of room and board, but at an amount not to exceed the cost of attending the University of Connecticut at the campus in Storrs. The agreement also provided that the defendant pay other college related expenses for his children.1 The plaintiff relinquished any claim for alimony in consideration of [68]*68the defendant’s agreement to provide postmajority financial assistance for the children while they were “undergraduate college students.”

On June 15, 1998, the plaintiff filed a motion for contempt, alleging that the defendant failed to pay the agreed upon college related expenses for the children. After a hearing, the court found that certain terms in the agreement were ambiguous. The court defined the ambiguous terms in accordance with its findings concerning the intent of the parties, found the defendant in contempt and determined the arrearage due the plaintiff. This appeal followed.

I

It is essential to the resolution of this appeal first to review the trial court’s determination that the disputed terms of the agreement were ambiguous. There is no question that each party interpreted differently the terms “college” and “undergraduate college students.” The controversy arose because neither child of the marriage pursued a traditional college career.

The facts surrounding this dispute are as follows. Shannon, the older child, attended Central Connecticut State University (Central) from the fall of 1992 until the spring of 1994, completing four semesters. In the fall of 1994, Shannon transferred her enrollment to the University of Arizona. The defendant did not contribute to Shannon’s educational expenses at the University of Arizona. After a loan application was unsuccessful, Shannon dropped out of the University of Arizona and returned home, delaying her projected graduation by one semester. From the spring of 1995, until the fall of 1996, Shannon resumed her studies at Central on a part-time basis. The defendant then refused to pay any further college tuition or related expenses for Shannon, claiming that his obligation did not extend beyond the traditional four years of study.

[69]*69Michael’s college experience was even less conventional. In the fall of 1995, Michael enrolled in a small college in Pennsylvania, returned home after a few weeks and the following spring he enrolled at Central on a part-time basis. The defendant paid for Michael’s part-time tuition for the spring and fall of 1996 and the spring of 1997, and his full-time tuition for the spring and fall of 1998. The defendant refused to pay for Michael’s winter courses in 1997 or his summer courses in 1998. The court found that if Michael had pursued a traditional four year course of study, his anticipated graduation would have occurred in the spring of 1999.

The defendant argued before the trial court that the term “undergraduate college student” should be interpreted to mean one who lives on campus while enrolled in a full-time, four year program. The defendant argued, in the alternative, that his obligations should be calculated proportionally to the course load successfully undertaken by his children during those semesters when they are enrolled. The plaintiff sought to recover an amount owed by the defendant for the college expenses incurred by the children while they were part-time students attending classes beyond their fourth year of enrollment.

The court found that the term “undergraduate college student” was ambiguous and, contrary to the positions advanced by either party, held that the phrase meant a student attending a postsecondary school institution for four years. The court further found that the parties intended that the defendant would pay college tuition, half of the children’s living expenses, car insurance and Shannon’s transportation expenses as long as each was enrolled in school, except that the parties did not intend that the defendant pay for the children’s college expenses for enrollment beyond eight semesters, either on a full-time or a part-time basis.

[70]*70Our review of a trial court’s construction of the parties’ agreement is well settled. “A judgment rendered in accordance with the stipulation of the parties is to be construed and regarded as a binding contract. . . . Construction of [a term in] such an agreement is an issue of fact to be resolved by the trial court as the trier of fact, and subject to our review under the clearly erroneous standard.” (Citation omitted.) Albrecht v. Albrecht, 19 Conn. App. 146, 152, 562 A.2d 528, cert. denied, 212 Conn. 813, 565 A.2d 534 (1989); Barnard v. Barnard, 214 Conn. 99, 109, 570 A.2d 690 (1990); Greenburg v. Greenburg, 26 Conn. App. 591, 595, 602 A.2d 1056 (1992); Baldwin v. Baldwin, 19 Conn. App. 420, 422, 562 A.2d 581 (1989). “The ultimate issue for an appellate court is whether the trial court could reasonably have concluded as it did. ... In that regard, every presumption is given in favor of the correctness of the trial court’s action.” (Citations omitted.) Greenburg v. Greenburg, supra, 596; Gallagher v. Gallagher, 11 Conn. App. 509, 514, 528 A.2d 379 (1987).

We cannot conclude that the court’s finding that an ambiguity existed was clearly erroneous. See Baldwin v. Baldwin, supra, 19 Conn. App. 423 (trial court’s finding that term in marital dissolution agreement ambiguous not clearly erroneous).

II

Having determined that the court correctly found the term to be ambiguous, we must next determine whether the defendant could be held in contempt for his failure to abide by the terms of an agreement tainted with ambiguities.2

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Bluebook (online)
762 A.2d 922, 61 Conn. App. 66, 2000 Conn. App. LEXIS 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sablosky-v-sablosky-connappct-2000.