§ 46b-87 — (Formerly Sec. 46-56). Contempt of orders.

Connecticut § 46b-87

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 815j: Dissolution of Marriage, Legal Separation and Annulment

Text

When any person is found in contempt of an order of the Superior Court entered under section 46b-60 to 46b-62, inclusive, 46b-81 to 46b-83, inclusive, or 46b-86, the court may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt, provided if any such person is found not to be in contempt of such order, the court may award a reasonable attorney's fee to such person. The costs of commitment of any person imprisoned for contempt of court by reason of failure to comply with such an order shall be paid by the state as in criminal cases. See Sec. 17b-743 re direction that payments under support order be made to Commissioner of Administrative Services or local welfare department.

Legislative History

(P.A. 73-373, S. 25; P.A. 78-230, S. 41, 54; P.A. 88-196.) History: P.A. 78-230 made minor changes in wording; Sec. 46-56 transferred to Sec. 46b-87 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 88-196 permitted court to award reasonable attorney's fee to petitioner and added proviso that if any person is not found to be in contempt of order, the court may award a reasonable attorney's fee to such person. Cited. 241 C. 490. Court's decision to award attorney's fees to defendant who withheld information for 7 years that she was obligated to report to plaintiff under dissolution decree violates equitable principles and constitutes an abuse of judicial discretion. 244 C. 523. Cited. 11 CA 610; 13 CA 330; 22 CA 136; 24 CA 180; 26 CA 326; 28 CA 794; 41 CA 861; judgment reversed, see 241 C. 490; 43 CA 844. Statute does not contain any requirement that an award of attorney's fees must be determined with reference to relative financial positions of the parties. 71 CA 744. Award of attorney's fees is within discretion of trial court. 72 CA 408. Award of attorney's fees in contempt proceeding is punitive in nature and court may consider defendant's behavior as an additional factor in determining both the necessity of awarding such fees and the proper amount of the award. 110 CA 798. The court's order for the plaintiff to reimburse defendant for certain expenses under the agreement does not impact the court's ability to award attorney's fees to the plaintiff as the prevailing party on the issue of contempt, even when there is not finding of contempt, and when the defendant did not exercise good faith incurring certain expenses not covered by the agreement. 215 CA 24. Agreement of parties to submit to arbitration cannot deprive court of jurisdiction to issue contempt order prescribed by statute. 36 CS 266.