Scott v. Scott

Citations

• 215 Conn. App. 24

Syllabus

The defendant, whose marriage to the plaintiff previously had been dis- solved, appealed to this court from the judgment of the trial court denying her motion for contempt. The defendant had alleged that the plaintiff wilfully refused to comply with several financial orders in the parties' separation agreement, which was incorporated into the dissolu- tion judgment, by failing to reimburse her for certain expenses she unilaterally incurred on behalf of the couple's minor children, including, inter alia, $5775 for dental surgery, $51,500 for the cost of a private college coach and $9000 for an automobile, as well as the significant cost of a twenty-two day enrichment program in Jackson, Wyoming. The trial court concluded that the plaintiff's actions did not rise to the level of contempt. It determined that the separation agreement was ambiguous as to the date on which certain of the parties' financial obligations were to commence and that the defendant sought reimburse- ment for items that either were not covered by the agreement or for which she had not obtained the plaintiff's consent, as required under the agreement. The court further concluded that certain of the defendant's expenditures were extravagant and unnecessary and that she had not acted in good faith under the agreement. On appeal, the defendant claimed, inter alia, that the trial court improperly rewrote the separation agreement, thereby denying her reimbursement from the plaintiff, and improperly awarded him attorney's fees pursuant to the statute (§ 46b- 87) applicable to contempt proceedings. Held: 1. The trial court did not err in denying the defendant's motion for contempt, as the separation agreement was ambiguous regarding the date on which the plaintiff was to commence paying the children's tuition as well as certain other financial obligations; although the agreement contained a definitive commencement date for the plaintiff's payment to the defen- dant of unallocated alimony and child support