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Family Law

Family Law Appellate Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=5177

AC44699 - Bialik v. Bialik ("The plaintiff, Jodi Bialik, appeals from the postjudgment ruling of the trial court granting the motion of the defendant, Scott Bialik, for a modification of his alimony obligation. On appeal, the plaintiff claims that the court erred in (1) failing to consider the impact of funds received by the defendant's dental practice from the federal Paycheck Protection Program (PPP); see 15 U.S.C. § 636 (a) (36); and the Economic Injury Disaster Loan (EIDL) program; see 15 U.S.C. § 636 (b) (2); both of which are administered by the United States Small Business Administration (SBA), in calculating the defendant's annual adjusted gross earnings, as defined in the parties' separation agreement, and (2) its treatment of disability insurance premiums paid by the defendant's business. We agree with the plaintiff and, accordingly, reverse in part the judgment of the trial court.")


Family Law Appellate Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=5162

AC44541 - Lehane v. Murray (Dissolution of marriage; motion to modify custody of minor child; "In this postdissolution matter, the plaintiff, Danielle Lehane, appeals from the judgment of the trial court modifying the parties' custody of and visitation with their minor child. The court awarded sole legal and physical custody to the defendant, James Murray, and awarded the plaintiff certain visitation rights. On appeal, the plaintiff claims that the court (1) improperly delegated its judicial authority to a nonjudicial party by giving the defendant the authority to "alter, change or modify" her visitation schedule, (2) exceeded its authority by ordering her to submit to a psychological evaluation and to provide the results to the defendant, and (3) improperly awarded the defendant the right to claim the child as a dependent for income tax purposes where the dissolution judgment included a clear and unambiguous provision awarding the plaintiff the nonmodifiable right to do so. We disagree with the plaintiff's claim that the court improperly delegated its judicial authority to the defendant, but we agree with her other two claims. Accordingly, we affirm in part and reverse in part the judgment of the trial court.")


Family Law Appellate Court Opinions

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=5140

AC44304 - Scott v. Scott (Dissolution of marriage; postdissolution motion for contempt; award of attorney's fees pursuant to statute (§ 46b-87); "This appeal stems from postdissolution proceedings in which the defendant, Kyu Scott, moved that the plaintiff, Peter J. Scott, be found in contempt by virtue of his breach of several provisions of the separation agreement (agreement) that was entered into by the parties and incorporated into the judgment dissolving their marriage. On appeal, the defendant claims that the court improperly (1) denied her motion for contempt, (2) rewrote the agreement and retroactively modified a child support order, (3) failed to find an arrearage and enter orders necessary to preserve the integrity of the agreement, (4) determined that the defendant was not entitled to reimbursement for the cost of an out-of-network oral surgeon, and (5) ordered the defendant to pay attorney's fees to the plaintiff. We affirm the judgment of the trial court.")

AC44842 - K. D. v. D. D. ("The defendant, D. D., appeals from the judgment of the trial court granting the application for a civil restraining order pursuant to General Statutes § 46b-15 filed by the plaintiff, K. D. On appeal, the defendant claims that the court improperly issued the civil restraining order because it applied an incorrect legal standard when it determined that he had subjected the plaintiff to a pattern of threatening. We agree and, accordingly, reverse the judgment of the trial court.")


Family Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=5120

AC44407 - Simms v. Zucco (“On appeal, the defendant claims that the court improperly (1) determined that the plaintiff’s service of the notice of her motion to modify alimony was legally sufficient, (2) opened the judgment of dissolution and modified the defendant’s alimony obligation in violation of the automatic bankruptcy stay imposed by 11 U.S.C. § 362 as a result of the defendant’s chapter 13 bankruptcy petition, and (3) increased his alimony obligation and ordered retroactive alimony resulting in a substantial arrearage. We disagree and, accordingly, affirm the judgment of the trial court.”)