2003 Ct. Sup. 8448, 35 CLR 234
No. FA99 036 01 69Connecticut Superior Court, Judicial District of Fairfield at Bridgeport
July 9, 2003
MEMORANDUM OF DECISION RE DEFENDANT’S POSTJUDGMENT MOTION FOR CONTEMPT
BASSICK, JUDGE TRIAL REFEREE.
The defendant has moved that the plaintiff be found in contempt for failure to comply with the terms and provisions of a separation agreement executed by the parties on February 3, 2000 and which was incorporated by reference in the judgment of dissolution of the parties on that same date. Article Four of their agreement directs the plaintiff to pay the defendant alimony pursuant to the following formula:
Husband’s Gross Portion of Husband’s Annual Earned Gross Annual Earned Income Income Paid as Alimony
0 — 300,000 33.3%
300,001 — 500,000 25.0%
500,001 — 600,000 10.0%
Paragraph 4.2 of the Agreement states, inter alia, that the payments provided for by the above formula shall be paid on a quarterly basis with any adjustment payments due made to the Defendant by January 15th, April 15th, July 15th, and October 15th.
Paragraph 4.6 provides, inter alia, that as soon as reasonably possible after the close of the calendar year, the Plaintiff shall deliver to the Defendant a computation describing the total amount of his gross annual earned income from all sources received during the calendar year immediately preceding the date of such statement.
It is claimed by the defendant that the plaintiff has failed to comply with the terms of the agreement by failing to provide the defendant with “a computation describing the total amount of his gross annual earned income from all sources received” for the years 2000 and 2001. CT Page 8449
The question presented by this proceeding is the meaning of the words “a computation describing the total amount of his gross annual earned income from all sources.”
The plaintiff reported “My income for 2000 was $344,887.64.” (See defendant’s Exhibit 2). He reported on April 15, 2002 “My income, as defined in our agreement, for the year 2001 was “352,727.63.”
On April 24, 2002 the defendant requested in writing a “certification” of his income for 2000 and of his income for 2001 (see defendant’s exhibit 9). She received no response to her letter. The plaintiff claimed he had moved and did not receive the letter until the latter half of May. He testified that as a result of that letter he contacted his attorney. He personally did not respond to that letter and no computation of his income for 2000 and 2001 was ever furnished. Communications between attorneys for the parties began in January 2001 and continued until August 16th, 2001 and then continued in March of 2002. Financial information was not obtained until after the commencement of this proceeding by an order to show cause served on the plaintiff on July 24, 2002.
The question presented is whether or not the plaintiff has provided “a computation describing the total amount of his gross annual earned income” for the years 2000 and 2001. It is the defendant’s claim that such a computation has never been furnished. The actionable words are “computation describing.”
The plaintiff argues that the issues raised at the trial do not reflect the issues alleged in the motion. The Court finds that the allegations of paragraphs 1 and 2 have been proved and that the allegations of paragraph 3 except for the word “detailed” in line 3 of that paragraph have been proved. The defendant then alleges in paragraph 4 that the plaintiff’s failure to provide the information required prevents her from determining whether the plaintiff has correctly applied the formula set forth in paragraph 2. The court finds this allegation likewise to be true.
The relief requested is that the plaintiff provide the defendant with a computation describing his gross annual earned income for the calendar years 2000 and 2001. The court grants the relief requested in paragraph 1 and in paragraph 2 except for the words “in detail the total of” in paragraph 2. Proof at the hearing was not beyond the scope of this requested relief. A determination of the amount of arrearage, if any, is left for another day when it is properly before the court. CT Page 8450
The court finds that the plaintiff has not furnished “a computation describing the total amount of his gross annual earned income” as defined in the parties’ agreement. The court understands the plaintiff’s position that a “computation” has been furnished. There has not been any information furnished to the defendant, however, “describing” the plaintiff’s gross annual earned income as defined. The court finds an intentional and willful failure to abide by the terms of the agreement and the court’s order incorporating the same and finds the plaintiff in contempt.
The court orders that a computation describing the total amount of the gross annual earned income from all sources received for the years 2000 and 2001 be furnished to the defendant within forty-five (45) days of this date.
The defendant has incurred attorneys fees and disbursements in the amount of $15,231 in the preparation and prosecution of this motion. The defendant has submitted billing records detailing these services. The court finds the amount of $15,000 is a reasonable fee for the services provided to the defendant and a direct result of the plaintiff’s contemptuous conduct.
To purge himself of this contempt he shall furnish the computations herein before ordered and pay defendant’s counsel fees in the amount of $15,000 also within forty-five (45) days of this date.
EDGAR W. BASSICK, III JUDGE TRIAL REFEREE
CT Page 8451