Sullivan v. Sullivan

784 A.2d 1047, 66 Conn. App. 501, 2001 Conn. App. LEXIS 514
CourtConnecticut Appellate Court
DecidedOctober 30, 2001
DocketAC 20380
StatusPublished
Cited by5 cases

This text of 784 A.2d 1047 (Sullivan v. Sullivan) 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
Sullivan v. Sullivan, 784 A.2d 1047, 66 Conn. App. 501, 2001 Conn. App. LEXIS 514 (Colo. Ct. App. 2001).

Opinion

Opinion

LAVERY, C. J.

The plaintiff, Muriel Sullivan, appeals from the judgment of the trial court fixing the amount of alimony arrearage due from the defendant, William W. Sullivan, to the plaintiff. On appeal, the plaintiff claims that the trial court improperly interpreted the provisions [502]*502of the parties’ separation agreement dealing with adjustments in alimony for inflation and, on the basis of that incorrect interpretation, miscalculated the amount of alimony arrearage. We agree and, accordingly, reverse the judgment of the trial court.

The following facts are relevant to our consideration of this appeal. The parties were married for twenty-four years until their divorce in 1980. The judgment of dissolution that the trial court rendered provided for the payment of periodic alimony from the defendant to the plaintiff. The judgment also provided that the defendant pay an annual cost of living allowance in addition to the amount of alimony provided in the judgment.1 The court found that the parties’ separation agreement was fair and equitable and incorporated it by reference into the dissolution judgment. The judgment specifically referred to the parties’ separation agreement for the method by which the cost of living allowance should be calculated.2

[503]*503On June 22, 1999, the plaintiff filed a motion for contempt, alleging, inter alia, that the defendant had failed to pay the cost of living adjustments provided for by the parties’ separation agreement that was incorporated into the judgment dissolving their marriage for 1983 and all subsequent years. The plaintiff also sought interest on the arrearage.

On August 11,1999, the trial court conducted a hearing on the plaintiffs motion at which experienced certified public accountants testified for both the plaintiff and the defendant, offering conflicting testimony as to the proper method for calculating the total amount of cost of living adjustments that the defendant should have paid. Their disagreement revolved around the proper method for calculating the cost of living allowance provided for in the agreement.

In its memorandum of decision, the court accepted the calculations of the defendant’s accountant as to the amount of the cost of living increase for each year.3 The court rendered judgment in the plaintiffs favor for the total of these amounts for all relevant years. The court denied the plaintiffs request for an award of interest, concluding that “the husband [acted] in good faith by paying his monthly alimony obligation for the past nineteen years; therefore, the court will not assess any interest . . . .” The court accordingly denied the plaintiffs motion for contempt, finding no wilful violation [504]*504of a court order by the defendant. Following the court’s denial of a motion to reargue, the plaintiff filed this appeal.

The standard of review governing this matter is well settled. “In a marriage dissolution action, an agreement of the parties executed at the time of the dissolution and incorporated into the judgment is a contract of the parties. Amodio v. Amodio, 56 Conn. App. 459, 470, 743 A.2d 1135, cert. granted on other grounds, 253 Conn. 910, 754 A.2d 160 (2000) (appeal withdrawn September 27, 2000). The construction of a contract to ascertain the intent of the parties presents a question of law when the contract or agreement is unambiguous within the four comers of the instrument. . . . The scope of review in such cases is plenary.” (Internal quotation marks omitted.) Way v. Way, 60 Conn. App. 189, 195, 758 A.2d 884, cert. denied, 255 Conn. 901, 762 A.2d 910 (2000). The language of the separation agreement in this case is clear and unambiguous; our review is therefore plenary.

As stated previously, the court utilized the calculations of the defendant’s expert witness, a certified public accountant, as to the amount of cost of living increases that the defendant did not pay. These calculations were incorrect, and so we reverse the judgment of the trial court, which was based on those calculations. The flaw in the calculations performed by the defendant’s accountant is that, when performing the necessary calculation for each year, he used the original base amount4 of agreed alimony as the basis for determining that year’s cost of living adjustment.

The parties’ separation agreement, however, provided that “all monies paid by the Husband to the Wife [505]*505. . . during the preceding calendar year shall be adjusted in exact proportion as the cost of living figure of the preceding year is to the newly established figure.” (Emphasis added.) This language means that in each year, after the cost of living adjustment is calculated, that adjustment should be added to the base alimony for the purposes of calculating the cost of living adjustment for the following year.

To ensure that the trial court is able to calculate the amount of arrearage accurately on remand, we provide the following road map for computing the amount that the defendant should have paid in each year since 1983. For 1983, the court should multiply the amount provided in the agreement, $17,500, by the 1983 Consumer Price Index (CPI), and then divide it by the 1982 CPI. For each year from 1984 through 1989, the court should multiply the amount computed by this method for the prior year by that year’s CPI and divide it by the previous year’s CPI.

The calculation for 1990 is slightly more complex because of the adjustment in the base amount that occurred in that year.5 First, it is necessary to determine the aggregate cost of living increases by the method outlined previously. This is the difference between the 1989 payment and the original base amount of $17,500. This amount must then be adjusted for the cost of living by multiplying it by the 1990 CPI and dividing it by the 1989 CPI. Finally, the adjusted amount must be added to the new base amount, $15,625, to determine the amount to be paid for 1990.

[506]*506For 1991, the first step is to take the aggregate cost of living increase amount, adjusted to the 1990 cost of living as outlined previously, and multiply it by the 1991 CPI, and then divide it by the 1990 CPI to adjust it to the 1991 cost of living. The court should then add this amount to the 1991 base amount, $15,000, to determine the 1991 payment.

For 1992 and all subsequent years, all that is necessary is to take the previous year’s payment, computed as outlined previously, and multiply it by that year’s CPI and then divide it by the previous year’s CPI. The application of this method will provide the correct amount that should have been paid in alimony for each year from 1983 through the present. Subtracting the amount that the defendant actually paid will yield the arrearage for each year; adding these amounts for all years in question will provide the total arrearage in alimony applicable to all years.

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Cite This Page — Counsel Stack

Bluebook (online)
784 A.2d 1047, 66 Conn. App. 501, 2001 Conn. App. LEXIS 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-sullivan-connappct-2001.