O'Neill v. O'Neill

Syllabus

The defendant appealed to this court from the judgment of the trial court dissolving his marriage to the plaintiff and making certain orders regard- ing the parties' finances and custody of the parties' five minor chil- dren. Held: 1. The defendant could not prevail on his claim that the trial court abused its discretion in awarding periodic alimony and child support in amounts that he claimed would far exceed his net income: the support orders would not exceed his net income on the basis of the trial court's finding as to the defendant's net earning capacity, which amount was supported by certain evidence in the record; moreover, the trial court found the defendant's testimony about his finances to be not credible, and, although the summary prepared by the defendant's accountant indicated a lower figure for his average net income, the court was not required to base its orders on that figure as the accuracy of that figure as a predictor of the defendant's earning capacity was suspect, given that it reduced the defendant's net income by the penalties and interest he incurred for filing his tax returns late. 2. The trial court did not abuse its discretion in ordering the defendant to pay increased alimony once the plaintiff vacated the marital residence: although the plaintiff had no mortgage or rent expense while she remained in the marital residence, that residence was the subject of a foreclosure action and the plaintiff would incur additional housing expenses once she relocated. 3. The trial court did not abuse its discretion in precluding modification of the alimony award on the basis of the plaintiff's cohabitation with other adults: the court had the authority to award nonmodifiable alimony under the applicable statute (§ 46b-86), its decision to do so was sup- ported by the record given the plaintiff's arrangement to provide care for her elderly father, and its order did not conflict with the cohabitation subsection, § 46b-86 (b). 4. The defendant's claim that