Tow v. Tow

64 A.3d 128, 142 Conn. App. 45, 2013 WL 1405238, 2013 Conn. App. LEXIS 196
CourtConnecticut Appellate Court
DecidedApril 16, 2013
DocketAC 33820
StatusPublished
Cited by6 cases

This text of 64 A.3d 128 (Tow v. Tow) 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
Tow v. Tow, 64 A.3d 128, 142 Conn. App. 45, 2013 WL 1405238, 2013 Conn. App. LEXIS 196 (Colo. Ct. App. 2013).

Opinion

Opinion

BEACH, J.

The plaintiff, Jennifer Tow, appeals from the trial court’s judgment with regard to the court’s rulings on certain postdissolution motions. She claims that the court erred in (1) denying her motion for contempt, (2) granting the motion of the defendant, David Tow, to modify child support and alimony and (3) denying her motion for permission to relocate with the parties’ minor child. We affirm the judgment of the trial court.

The following facts are relevant to the plaintiffs appeal. The parties were married in 1981. Three children were bom of the marriage. Two had attained majority and graduated from high school at the time of the court’s decision on the postdissolution motions. In May, 2007, [47]*47the plaintiff filed for dissolution of marriage. A judgment of dissolution of marriage, which incorporated the parties’ separation agreement, was rendered in August, 2007. That agreement provided that the defendant was to pay the plaintiff child support in the amount of $560 per week, which exceeded the amount provided by the child support guidelines, for the two then minor children; and alimony in the amount of $1041 per week for thirteen years. The defendant was to assume the children’s college expenses. In a July 14,2011 memorandum of decision, the court denied the plaintiffs motion for contempt, granted the defendant’s motion to modify child support and alimony and denied the plaintiffs motion for relocation. This appeal followed.

I

The plaintiff claims that the court erred in denying her motion for contempt. We disagree.

In her motion for contempt, the plaintiff argued that the defendant had failed to pay the required child support and alimony during a nine month period following the judgment of dissolution during which the parties continued to reside in the same house.1 In denying the plaintiffs motion for contempt, the court determined that during the nine month period in question, the plaintiff had free access to the family’s joint checking account for personal expenses, household expenses and payment of bills, and that the defendant deposited approximately $92,000 into that account. The court found that the amount deposited in the joint account by the defendant was well in excess of the agreed upon child support and alimony of $560 per week and $1041 per week, respectively. The court accordingly determined that the defendant had not violated the alimony and child support orders.

[48]*48“A finding of contempt is a question of fact, and our standard of review is to determine whether the court abused its discretion in [finding] that the actions or inactions of the [alleged contemnor] were in contempt of a court order. . . . [T]he credibility of witnesses, the findings of fact and the drawing of inferences are all within the province of the trier of fact. . . . We review the findings to determine whether they could legally and reasonably be found, thereby establishing that the trial court could reasonably have concluded as it did.” (Internal quotation marks omitted.) O’Connell v. O’Connell, 101 Conn. App. 516, 521, 922 A.2d 293 (2007).

The plaintiff argues that the court’s conclusions were flawed because they ignored the defendant’s prior agreement that he owed $15,000 in unpaid child support and alimony,2 and several other of her positions. We have carefully reviewed these claims and conclude that the court’s factual findings were not clearly erroneous and that the court did not abuse its discretion when it determined that the defendant did not violate any court orders regarding child support and alimony. It found that the plaintiff had access to an amount deposited in a joint checking account that was in excess of the amount the defendant owed in child support and alimony.

II

The plaintiff next claims that the court erred in granting the defendant’s motion to modify child support and alimony. We disagree.

The court determined that the financial orders were modifiable pursuant to General Statutes § 46b-86 in the event of a substantial change in circumstances because the divorce decree did not preclude modification. The [49]*49court found a substantial change in circumstances based upon the following: despite the defendant’s timely support payments, the family home went into foreclosure and was sold; the defendant’s net income of $2891 per week at the time of the dissolution decreased to $1899 per week by January, 2011, and further to $1649 per week by March, 2011; the defendant’s financial liabilities and expenditures had increased since the dissolution; and one of the parties’ children had attained the age of majority and satisfied all high school graduation requirements since the date of dissolution. The court determined that there no longer was a basis to deviate upward from the child support guidelines, and modified the defendant’s child support to $328 per week from June 10, 2010, to June 10, 2011; and further modified child support to $250 per week because another child had reached the age of majority and had satisfied high school graduation requirements as of June 10, 2011. The court, applying the factors set forth in General Statutes § 46b-82 (a), modified the weekly alimony to $550 retroactive to June 10, 2010.

Section 46b-86 (a) provides in relevant part: “Unless and to the extent that the decree precludes modification, any final order for the periodic payment of permanent alimony or support . . . may, at any time thereafter, be . . . modified by the court upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a . . . .”3

“[W]e will not disturb the trial court’s ruling on a motion for modification of alimony or child support [50]*50unless the court has abused its discretion or reasonably could not conclude as it did, on the basis of the facts presented. . . . Furthermore, [t]he trial court’s findings [of fact] are binding upon this court unless they are clearly erroneous in light of the evidence and the pleadings in the record as a whole. ... A finding of fact is clearly erroneous when there is no evidence in the record to support it ... or when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” (Citation omitted; internal quotation marks omitted.) Blum v. Blum, 109 Conn. App. 316, 328-29, 951 A.2d 587, cert. denied, 289 Conn. 929, 958 A.2d 157 (2008).

The plaintiff argues that several of the court’s factual findings supporting its finding of a substantial change of circumstances are erroneous. The plaintiff primarily argues that the defendant’s voluntary decrease in income should not be a lawful basis on which to find a substantial change in circumstances. The court made no finding that the defendant’s decrease in income was voluntary, but rather used the decrease as a reason to support its finding of a substantial change in circumstances.

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Cite This Page — Counsel Stack

Bluebook (online)
64 A.3d 128, 142 Conn. App. 45, 2013 WL 1405238, 2013 Conn. App. LEXIS 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tow-v-tow-connappct-2013.