Sablosky v. Sablosky

805 A.2d 745, 72 Conn. App. 408, 2002 Conn. App. LEXIS 484
CourtConnecticut Appellate Court
DecidedSeptember 17, 2002
DocketAC 19261
StatusPublished
Cited by9 cases

This text of 805 A.2d 745 (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, 805 A.2d 745, 72 Conn. App. 408, 2002 Conn. App. LEXIS 484 (Colo. Ct. App. 2002).

Opinion

Opinion

BISHOP, J.

This case returns to this court on remand from our Supreme Court pursuant to its decision in Sablosky v. Sablosky, 258 Conn. 713, 784 A.2d 890 [410]*410(2001). In reversing the prior decision of this court,2 our Supreme Court held that (1) an ambiguity in the terms of a judgment does not, as a matter of law, preclude a finding of contempt for wilfully failing to comply with certain provisions of the dissolution judgment and (2) a court, when concluding that a finding of contempt is unwarranted on the basis of an ambiguity in the judgment, may nonetheless enter an appropriate order of payment on the basis of its interpretation of the judgment. Id. Before turning to the claims raised by Michael Sablosky, the defendant in this contempt action, we set forth the facts and procedural history relevant to his appeal.

On July 12, 1993, the trial court rendered judgment dissolving the parties’ marriage. The judgment of dissolution incorporated a written provision providing post-majority support for the parties’ two children, Shannon and Michael. Both parties, i.e., the plaintiff, Alice Renee Sablosky, and Michael Sablosky, previously had agreed to the postmajority support provision, which was titled, “Child Support/Education/Transportation, ” and stated: “The defendant husband shall be responsible for payment of college tuition and books for Shannon and Michael Jr., at a cost equivalent to the University of Connecticut at Storrs. . . . The defendant husband and plaintiff wife shall divide equally the cost of college room and board for Shannon and Michael Jr., at an expense not to exceed the cost of the University of Connecticut at Storrs. . . . The defendant husband shall provide Shannon with transportation, or reimbursement for the cost thereof, while she is an undergraduate college student. . . . The defendant husband and plaintiff wife shall divide equally the cost of automobile insurance for both Shannon and Michael Jr., while they are undergraduate college students.”

[411]*411On June 15, 1998, the plaintiff filed a motion for contempt, in which she alleged that the defendant had failed to make some of the postmajoiity support payments. The court conducted a hearing on the motion, during which the parties offered conflicting interpretations of the scope and duration of the postmajority support provision. The plaintiff argued that the defendant was required to contribute to the children’s post-secondary education, without limitation, as long as the children remained in college. The defendant urged the court to limit his obligation to “when the children are attending a four year institution of higher learning, pursuing a full-time course of study leading to a bachelor’s degree.” Alternatively, the defendant argued, his obligation should be limited to “an amount directly proportional to the course load successfully undertaken by the children during those semesters when they are enrolled in school.”

The court concluded that the phrase “undergraduate college student,” as used in the judgment of dissolution, was ambiguous. Aided by the evidence presented at the hearing relating to the intent of the parties, the court construed that phrase and concluded that the defendant was obligated to pay for “college tuition, one half of living expenses, car insurance and Shannon’s transportation so long as each was enrolled in school.” The court found, however that “the intention of the parties did not extend to enrollment beyond eight semesters, whether those were full-time or part-time semesters.” The court also held the defendant in contempt “for his wilful failure to comply with the orders contained in the [dissolution] judgment,” and ordered him to pay arrearages, attorney’s fees and costs. Finally, the court found that neither Shannon nor Michael had graduated from college and concluded, on the basis of the defendant’s failure to comply fully with the postmajority support provision and the ensuing harm to the children, [412]*412that Shannon is entitled to benefits under that provision for one more semester and that Michael is entitled to those benefits for four more semesters.3

The defendant appealed to this court, which reversed the judgment of contempt. Sablosky v. Sablosky, 61 Conn. App. 66, 72, 762 A.2d 922 (2000), rev’d, 258 Conn. 713, 784 A.2d 890 (2001). Holding that an ambiguity in an order precludes a finding that the order was wilfully violated, this court concluded that the defendant could not have wilfully violated the postmajority support order and, therefore, the trial court improperly held him in contempt. Id. This court also vacated the order requiring the defendant to pay arrearages, attorney’s fees and costs. Id. Thereafter, the plaintiff appealed to our Supreme Court, which (1) reversed this court’s decision on the basis of the conclusions summarized in the first paragraph of this opinion and (2) remanded the case to us with direction to consider the defendant’s four remaining claims. Sablosky v. Sablosky, supra, 258 Conn. 717 n.2, 724. Additional facts and procedural history will be set forth as necessary.

I

The defendant first claims the court acted improperly in concluding that he had failed to prove that the plaintiffs motion for contempt was barred by at least one of the following three defenses: Laches, waiver and equitable estoppel. We disagree.

The following additional procedural history is relevant to our resolution of the defendant’s claim. On September 8,1995, the plaintiff filed a motion for contempt [413]*413in which she alleged that the defendant had failed to pay child support for Michael in the amount of $150 per week and had failed to pay for Shannon’s transportation. By agreement of the parties, the court found that the defendant owed the plaintiff $6700. As stated previously, the plaintiff, on June 15, 1998, filed another motion for contempt. The second motion solely concerned expenses relating to the children’s college education that were incurred between 1993 and 1998.

The defendant argued that the plaintiff should have raised her claims much earlier concerning his alleged failure to meet his obligations regarding college tuition, room and board and automobile insurance. He also contended that the court, in light of the plaintiffs foregoing testimony and her unexplained failure to raise those claims in her 1995 motion for contempt, was barred from bringing the second motion for contempt under the doctrine of laches, waiver or equitable estoppel.

On the basis of its assessment of the evidence, the court concluded that the defendant had not satisfied his burden of proving any of those three defenses. We agree.

A

We turn first to the defendant’s claim of laches. “Laches consists of an inexcusable delay which prejudices the defendant. . . . First, there must have been a delay that was inexcusable, and, second, that delay must have prejudiced the defendant.” (Citation omitted; internal quotation marks omitted.) Farmers & Mechanics Savings Bank v. Sullivan, 216 Conn. 341, 350, 579 A.2d 1054 (1990).

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Cite This Page — Counsel Stack

Bluebook (online)
805 A.2d 745, 72 Conn. App. 408, 2002 Conn. App. LEXIS 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sablosky-v-sablosky-connappct-2002.