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Family Law

Family Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6533

AC46484 - Netter v. Netter (Dissolution of marriage; equitable distribution pursuant to § 46b-81; spendthrift trusts; Connecticut Qualified Dispositions in Trust Act § 45a-487j et seq. “On appeal, the defendant claims that the court improperly (1) treated trust assets from four separate trusts as marital property under General Statutes § 46b-812 and ordered the defendant to make a lump sum property distribution to the plaintiff using funds from those trusts, (2) calculated his earning capacity and relied on that ‘astronomical’ calculation to set ‘unachievable child support and alimony orders,’ (3) ordered the defendant to secure and maintain a $5,000,000 life insurance policy, (4) ordered the defendant to pay $3,300,000 in attorney’s fees to the plaintiff, (5) valued the assets within the marital estate, including, but not limited to, the trust assets, (6) faulted him for the breakdown of the marriage and awarded the plaintiff sole legal custody of the parties’ two, then minor, children, and (7) issued a vague and imprecise order that allows the plaintiff unrestricted access to the parties’ former marital residence in order to retrieve her personal property in violation of his constitutional rights. Because we conclude that the court improperly determined that trust assets from one of the four trusts—i.e., the spend-thrift trust the defendant’s father created for the defendant’s benefit, prior to the marriage—constituted divisible marital property, and ordered the defendant to make distributions to the plaintiff from that trust, we reverse the judgment of the trial court with respect to all the financial orders and remand this case for a new trial on all financial issues consistent with this opinion, with the exception of the personal property distribution order that gives rise to the property access order. We affirm the judgment of the court as to the custody order insofar as it pertains to the parties’ remaining minor child and as to the property access order.”)


Family Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6526

AC47263 - Shear v. Shear (“In this postjudgment dissolution matter, the self-represented plaintiff, Daniel Shear, appeals from the judgment of the trial court resolving several motions filed by the plaintiff and the self-represented defendant, Yupaporn Shear. The plaintiff sets forth a myriad of claims in support of his efforts to reverse the judgment of the court as to custody of the parties’ minor child. We dismiss the plaintiff’s appeal.”)


Family Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6508

AC48574 - Villao v. Paz (Marital dissolution; postjudgment motion for contempt; "On May 30, 2025, the defendant filed a motion for review of the order of the trial court determining that its attorney’s fees award was in the nature of support and thus exempted from the automatic appellate stay pursuant to Practice Book § 61-11 (c). On July 23, 2025, this court granted the motion for review and granted the relief requested, vacating the trial court’s order. This court also indicated that an opinion would follow. This opinion sets forth the reasoning for our decision.")



Civil Protection Order Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6489

AC47507 - D. A. v. A. C. (“The defendant, A. C., appeals from the judgment of the trial court granting the application of the plaintiff, D. A., for relief from abuse and the issuing of a civil order of protection pursuant to General Statutes § 46b-15. On appeal, the defendant claims that the court improperly (1) denied his motion to dismiss and (2) issued a civil order of protection. We affirm the judgment of the trial court.”)


Family Appellate Court Opinions

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6476

AC47860 - D. K. v. D. F. (Modification of custody and visitation; “Although the self-represented defendant’s appellate brief is not a model of clarity, we construe his claims to be that the court improperly (1) concluded that joint legal custody and visitation is not in the children’s best interests pursuant to General Statutes § 46b-56, (2) delegated its judicial authority to the plaintiff, D. K., by giving her discretion to decide the nature and scope of the defendant’s visitation rights, and (3) failed to apply § 46b-56 (g). We disagree and, accordingly, affirm the judgment of the court.”)

AC46331 - Buggelli v. Buggelli (“The plaintiff claims that the court improperly denied her motion concerning extracurricular and healthcare expenses because it misinterpreted the parties’ settlement agreement, as incorporated into the dissolution judgment and as modified by a postjudgment consent order. We agree with this claim. The plaintiff further claims that the court improperly (1) modified, by way of an articulation, its original decision denying the motion regarding college expenses and (2) denied the motion regarding college expenses. We conclude that (1) the court’s articulation did not modify its original decision denying the motion regarding college expenses, but (2) the parties’ modified settlement agreement contains an ambiguity that materially affects the merits of the motion regarding college expenses, such that the court’s denial of the motion cannot stand. Accordingly, we reverse the judgment of the trial court.”)


Family Law Appellate Court Opinion

   by Zigadto, Janet

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6465

AC46632 - Surgent v. Surgent ("In this postdissolution matter, the plaintiff, Robert Surgent, appeals from the judgment of the trial court granting his motion for modification of unallocated child support and alimony payable to the defendant, Geraldine Surgent. The plaintiff contends that the court, in modifying his alimony obligation, improperly (1) considered the defendant's claim that he had failed to share with her the proceeds of a postdissolution sale of stock when it is undisputed that no motion raising that issue had been filed with the court, and (2) modified a nonmodifiable term of the alimony award. We agree with the plaintiff as to the first claim and, accordingly, reverse the judgment of the trial court only with respect to the order pertaining to the postdissolution sale of the stock.")


Family Law Appellate Court Opinion

   by Steinmetz, Mollie

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6454

AC47318 - L. F. v. S. F. (“On appeal, the plaintiff claims that the court, without holding a hearing, improperly denied her request for leave, which primarily alleged that the custody and visitation order in place contained an impermissible delegation of judicial authority. We reverse the judgment of the trial court denying the plaintiff’s request for leave and we remand the matter for a hearing on the plaintiff’s motion for modification.”)


Family Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6444

AC47073 - Milot v. Milot (Postdissolution motions to modify custody and visitation; §46b-56 (g); “On appeal, the defendant claims that the trial court (1) improperly delegated its judicial authority over visitation to the plaintiff and (2) abused its discretion in ordering that the defendant was not permitted to contact the healthcare providers or therapists of the parties’ youngest child without finding good cause in support of the order. We reverse in part the judgment of the trial court.”)


Family Law Appellate Court Opinions

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6427

AC46764 - J. B. v. K. B. (“This appeal arises from a postjudgment motion for contempt filed by the self-represented defendant, K. B., alleging that the plaintiff, J. B., wilfully failed to comply with a prior court order modifying certain provisions of the parties’ separation agreement, which had been incorporated into their judgment of dissolution, concerning the parties’ obligation to pay for the unreimbursed medical and dental expenses for their daughter, K. The plaintiff claims that the court erred by entering a remedial order requiring him to reimburse the defendant for the cost of unreimbursed medical and dental expenses incurred after K reached the age of majority. We reverse in part the judgment of the trial court.”)

AC46429 - Rettman v. Rettman (“In this marital dissolution action, the defendant, Maura L. Rettman, brings this amended appeal from the judgment of the trial court denying her motion to open the court’s denial of several motions to open the financial orders entered at the time of its final decree. The defendant also appeals from the judgment of the trial court denying her motion for contempt that was based on the alleged noncompliance of the plaintiff, John C. Rettman, with the financial orders. The defendant claims that the court abused its discretion in denying (1) the motion to open, (2) the motion for contempt insofar as it was based on (a) the plaintiff’s failure to comply with his obligation to pay alimony, and (b) the plaintiff’s failure to timely comply with the court’s order that he quitclaim the marital home to her. We reverse the judgment denying the motion to open and remand the case to the trial court for further proceedings. We affirm the judgment denying the motion for contempt.”)



Family Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6414

AC46803 - Fredo v. Fredo (“On appeal, the plaintiff claims that (1) the defendant did not have standing to assert a claim regarding the lot that he was supposed to transfer to a trust for the benefit of their children; (2) the court erred in finding him in contempt; (3) the court’s monetary award to the defendant constituted an impermissible postjudgment modification of the parties’ property settlement; and (4) there was no evidentiary basis for the court’s award to the defendant of compensation for lost financial benefits stemming from the plaintiff’s failure to transfer the lots. We agree with the plaintiff’s claim that the defendant lacked standing to assert a claim as to the lot that was supposed to be transferred into a trust for the benefit of the parties’ children and vacate the portion of the judgment related to that lot. We affirm the judgment of the trial court in all other respects.”)




Family Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6360

AC47619 - Emrich v. Emrich (Alimony; “The plaintiff claims that the court abused its discretion in issuing that alimony order on the grounds that it (1) failed to properly consider all of the criteria set forth in General Statutes § 46b-82; (2) did not ‘scrutinize the parties’ financial affidavits equally’; (3) failed to consider the defendant’s own hand at the depletion of his property settlement; and (4) erroneously characterized her request for further alimony as a request for funds to expend on her children versus funds for ‘her benefit’ to fulfill ‘her need to see her children and grandchildren.’ (Emphasis omitted.) The plaintiff also claims that the court abused its discretion by declining to award additional court costs to her ‘as a self-represented party when she had only $8865.29 left in her bank account.’ We affirm the judgment of the trial court.”)


Family Law Appellate Court Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6353

AC47248 - J. E. v. J. N. ("In this custody action, the self-represented defendant, J. N., appeals following the trial court’s judgment of custody and orders of visitation with respect to the parties’ minor children. On appeal, the defendant claims, inter alia, that the court improperly required the defendant to proceed with the underlying custody trial in the absence of his attorney. We agree with the defendant and, accordingly, reverse the judgment of the court.")


Family Law Supreme Court Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6341

SC20988 - Simpson v. Simpson ("This certified appeal requires us to construe provisions in a separation agreement governing obligations to pay additional child support and alimony on the basis of the payor spouse’s income attributable to bonuses and profit sharing. Upon our grant of her petition for certification, the plaintiff, Janel Simpson, appeals from the judgment of the Appellate Court reversing in part the decision of the trial court, which had issued certain remedial orders in connection with the obligation of the defendant, Robert R. Simpson, to pay additional child support and alimony under the separation agreement that was incorporated into the judgment dissolving the parties’ marriage. Simpson v. Simpson, 222 Conn. App. 466, 470, 498, 306 A.3d 477 (2023). On appeal, the plaintiff claims that the Appellate Court incorrectly concluded that the separation agreement unambiguously relieved the defendant from the obligation to pay additional child support and alimony after his gross income, including his base draw, bonuses, and profit sharing, exceeded $700,000. We conclude that the relevant provisions of the separation agreement are ambiguous on this point and that a remand to the trial court is required for consideration of extrinsic evidence as to the parties’ intent. Accordingly, we reverse in part the judgment of the Appellate Court.")



Family Law Appellate Court Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6319

AC47189 - M. W. v. G. C. ("The defendant, G. C., appeals from the judgment of the trial court dissolving his marriage to the plaintiff, M. W. On appeal, the defendant challenges the court’s property distribution orders on the basis that the court made clearly erroneous factual findings as to (1) the defendant’s net income and (2) the value of the marital home. We affirm the judgment of the trial court.")


Family Law Appellate Court Opinions

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6311

AC47205 - Sonthonnax v. Xing ("The defendant, Longbao Xing, appeals from the judgment of the trial court dissolving her marriage to the plaintiff, Mehdi H. Sonthonnax. On appeal the defendant claims that the court improperly based its financial awards on a clearly erroneous factual finding with respect to the plaintiff’s income. We agree and, accordingly, reverse in part the judgment of the trial court and remand the matter for a new trial on all financial orders.")

AC47372 - Mathews v. Mathews ("In this postdissolution matter, the self-represented plaintiff, Walden H. Mathews, appeals from the judgment of the trial court granting the motion for contempt filed by the defendant, Susan M. Mathews, and denying the motion for contempt filed by the plaintiff. On appeal, the plaintiff claims that the court improperly (1) denied his motion for contempt regarding the disposition of personal property located in the basement of the marital residence and (2) granted the defendant’s motion for contempt regarding a court order that obligated him to escrow $15,000 with the defendant’s counsel. We affirm the judgment of the trial court.")