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Family Law Supreme Court Opinion

by Greenlee, Rebecca

 

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.")