Chyung v. Chyung

• Decision Date: 28 December 2004
• Docket Number: No. 24463.,24463.
• Court: Connecticut Court of Appeals
• Parties: Alice Y. CHYUNG v. Chi Han CHYUNG.

862 A.2d 374

86 Conn.App. 665

Alice Y. CHYUNG v. Chi Han CHYUNG.

No. 24463.

Appellate Court of Connecticut.

Argued October 13, 2004.

Decided December 28, 2004.

Kevin F. Collins, Stamford, with whom, on the brief, was Sheila S. Charmoy, for the appellant (plaintiff).

Allan M. Cane, Fairfield, for the appellee (defendant).

SCHALLER, DRANGINIS and PETERS, Js.

SCHALLER, J.

In this marital dissolution appeal, the plaintiff, Alice Y. Chyung, challenges the financial orders rendered by the trial court in its judgment dissolving the parties' marriage. On appeal, the plaintiff argues that the court failed to consider and to apply the statutory factors set forth in General Statutes §§ 46b-81 and 46b-82. We disagree and, accordingly, affirm the judgment of the trial court.

The parties married on December 23, 1961, and, at the time of the trial, had no minor children. The court rendered judgment dissolving the marriage on May 27, 2003. The court found that the marriage had broken down irretrievably and that the defendant, Chi Han Chyung, was the immediate cause of the breakdown as a result of his extramarital affair.¹

The court entered orders regarding property distribution, alimony and other miscellaneous matters. As part of the dissolution decree, the court ordered each party to pay to the other the sum of $1 per year in periodic alimony. The defendant also was required to pay the plaintiff lump sum alimony in the amount of $350,000. The defendant retained title to certain commercial properties while the plaintiff retained title to the former marital home. Each party was responsible for the payment of his or her health insurance, medical expenses and attorney's fees. On June 13, 2003, the plaintiff filed a motion to reargue, which the court denied. On June 24, 2003, the defendant filed a motion for clarification, which the court also denied. This appeal followed. Additional facts will be set forth as necessary.

"The standard of review in family matters is well settled. An appellate court will not disturb a trial court's orders in domestic relations cases unless the court has abused its discretion or it is found that it could not reasonably conclude as it did, based on the facts presented.... In determining whether a trial court has abused its broad discretion in domestic relations matters, we allow every reasonable presumption in favor of the correctness of its action.... Appellate review of a trial court's findings of fact is governed by the clearly erroneous standard of review. The trial court's findings are binding upon this court unless they are clearly erroneous in light of the evidence and the pleadings in the record as a whole.... A finding of fact is clearly erroneous when there is no evidence in the record to support it ... or when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." (Internal quotation marks omitted.) Demartino v. Demartino, 79 Conn.App. 488, 492, 830 A.2d 394 (2003).

"A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutory criteria.... In reviewing the trial court's decision under [an abuse of discretion] standard, we are cognizant that [t]he issues involving financial orders are entirely interwoven. The rendering of judgment in a complicated dissolution case is a carefully crafted mosaic, each element of which may be dependent on the other." (Internal quotation marks omitted.) Kunajukr v. Kunajukr, 83 Conn.App. 478, 481, 850 A.2d 227, cert. denied, 271 Conn. 903, 859 A.2d 562 (2004).

We apply that standard of review because it "reflects the sound policy that the trial court has the unique opportunity to view the parties and their testimony, and is therefore in the best position to assess all of the circumstances surrounding a dissolution action, including such factors as the demeanor and the attitude of the parties.... As pithily stated by Justice Parskey, `in matters of this sort our role of necessity is not to work the vineyard but rather to prune the occasional excrescence.' Koizim v. Koizim, 181 Conn. 492, 498, 435 A.2d 1030 (1980)." (Citation omitted.) Casey v. Casey, 82 Conn.App. 378, 383, 844 A.2d 250 (2004).

On appeal, the plaintiff challenges several aspects of the court's financial orders. Specifically, the plaintiff argues that the court (1) failed to take into account the criteria set forth in §§ 46b-81 and 46b-82 when fashioning its alimony and property division orders, (2) improperly determined her earning capacity, (3) failed to find the defendant's specific earning capacity and (4) improperly awarded her nominal alimony. We address each of those claims in turn.

I

The plaintiff first claims that the court failed to take into account the criteria set forth in §§ 46b-81² and 46b-82³ when fashioning its alimony and property division orders.⁴ Specifically, the plaintiff argues that the court failed to consider (1) the defendant's fault in the breakdown of the marriage due to his affair and (2) his subsequent cohabitation with a domestic partner who paid many of his expenses. We are not persuaded.

"General Statutes § 46b-82 describes circumstances under which a court may award alimony. The court is to consider these factors in making an award of alimony, but it need not give each factor equal weight. ... As long as the trial court considers all of these statutory criteria, it may exercise broad discretion in awarding alimony." (Internal quotation marks omitted.) Porter v. Porter, 61 Conn.App. 791, 795-96, 769 A.2d 725 (2001). In Greco v. Greco, 70 Conn.App. 735, 799 A.2d 331 (2002), we stated that "[o]ur statutory scheme, specifically [General Statutes] §§ 46b-81 and 46b-82, set[s] forth the criteria that a trial court must consider when resolving property and alimony disputes in a dissolution of marriage action. The court must consider all of these criteria.... It need not, however, make explicit reference to the statutory criteria that it considered in making its decision or make express finding[s] as to each statutory factor. A ritualistic rendition of each and every statutory element would serve no useful purpose.... [T]he trial court is free to weigh the relevant statutory criteria without having to detail what importance it has assigned to the various statutory factors." (Emphasis added; internal quotation marks omitted.) Id., at 739-40, 799 A.2d 331; see also Simmons v. Simmons, 244 Conn. 158, 175, 708 A.2d 949 (1998); Brash v. Brash, 20 Conn.App. 609, 612, 569 A.2d 44 (1990).

A

The court found that the defendant had engaged in an extramarital relationship with Noriko Taniguchi. The court specifically discredited the defendant's testimony that he had first met Taniguchi in 1991 and that a romantic relationship subsequently resulted. The court expressly found that the defendant and Taniguchi had met substantially earlier and that their romantic involvement commenced well before 1991. The court described that relationship as "the single largest source of conflict" between the parties and "the immediate cause of the breakdown" of the marriage.

During the second day of the trial, the court suggested to the parties that they pursue a settlement to avoid "airing everybody's dirty laundry" in open court. The court also stated that oftentimes, fault was a "relatively minor factor" taken into account when the decision is rendered, but that it was a factor to be considered. The court noted that it was well aware of the fact that the defendant had engaged in an extramarital affair with Taniguchi. At the conclusion of closing arguments, the court addressed the parties: "But I think I said early in this case ... that this court is not an avenging angel, that this court does and is mandated to take into account fault, but that fault for want ofa — you know, I don't know whether it's good, it, it's bad, but it's just sort of life in the twenty-first century, that it becomes a relatively minor factor in the decision." The court reiterated that point in its memorandum of decision: "As the court pointed out at least once during the course of the proceedings, while it has an obligation to consider fault, it does not assume the mantle of an `avenging angel' to punish what are, in essence, acts of human frailty. The court has taken the [defendant's] actions into account in the overall context of the facts and evidence. It has accorded to them the weight it felt appropriate, which is undoubtedly significantly less than the [plaintiff] would have it."

It is clear that the court was mindful of its obligation to consider fault. It is equally clear that the court did not consider fault to be a factor having major significance or importance. The court was free to accord whatever weight it determined appropriate to each of the statutory factors. In this case, the court had discretion to afford the factor of fault less significance than the plaintiff would have preferred. The court, on several occasions, noted that it would consider fault. We assume that the court acts properly in the absence of an indication to the contrary. See State v. Hoskie, 74 Conn.App. 663, 669, 813 A.2d 136, cert. denied, 263 Conn. 904, 819 A.2d 837 (2003). The plaintiff's claim that the court's judgment was unfair is based solely on the property distribution and the nominal alimony award. She fails, however, to consider or recognize the lump sum award of $350,000 that she received. We have reviewed the entire record, including the transcripts and evidence, and conclude that the plaintiff has failed to demonstrate that the court failed to take into account the defendant's fault. As we previously noted, the court was within its discretion to assign less weight to the issue of fault than to other factors. Accordingly, the plaintiff's claim must fail.

B

The...