Ray v. Ray

Decision Date31 October 2017
Docket NumberAC 38865
Citation177 Conn.App. 544,173 A.3d 464
CourtConnecticut Court of Appeals
Parties Deepali RAY v. Surajit D. RAY

Joseph T. O'Connor, for the appellant (plaintiff).

Sarah E. Murray, with whom, on the brief, was Caitlin R. Trow, for the appellee (defendant).

Keller, Mullins and Norcott, Js.

KELLER, J.

The plaintiff, Deepali Ray, appeals from the judgment of the trial court granting the postjudgment motion brought by the defendant, Surajit D. Ray, for an order establishing his child support obligation to the plaintiff in accordance with the state's child support and arrearage guidelines (guidelines), Regs. Conn. State Agencies § 46b–215a–1 et seq. The plaintiff also appeals from the judgment of the trial court, rendered after argument, denying the relief requested in her postjudgment motion for reargument and reconsideration. The defendant sought an order establishing his child support obligation when, pursuant to the judgment of dissolution rendered on August 11, 2008, his unallocated alimony and child support obligation had terminated. On appeal, the plaintiff claims that the court erred by (1) establishing the defendant's child support obligation without making a finding as to his net income, (2) making findings as to the parties' gross and net incomes based upon an unsworn child support guidelines worksheet (guidelines worksheet) prepared by a family relations officer where the information on the guidelines worksheet was contrary to the evidence, and (3) failing to take into account the defendant's income in excess of his base salary when it determined his child support obligation. We affirm the judgment of the trial court.

The following facts, as found by the trial court or apparent from the record, and procedural history are pertinent to our consideration of this appeal. The parties were married on June 26, 1994, and they have one minor child who was born on September 1, 2005. At the time of the dissolution, the plaintiff was thirty-nine years old and in good health. She has a masters degree in business administration and was employed as a financial manager at Starwood Hotels and Resorts, earning a base salary of $92,000 per year. She also was eligible for bonuses. The defendant was thirty-six years old and also in good health. He was employed as an executive director at Morgan Stanley, earning a base salary of $150,000 per year. He too was eligible for bonuses. Following a trial, the court, Shay, J. dissolved the parties' marriage and made a finding "[t]hat taking into consideration the factors set forth in General Statutes § 46b–82, including the age, education, earnings and work experience of the [plaintiff], in light of the facts and circumstances of this case, a time limited award of alimony is appropriate." The dissolution court also made a finding "[t]hat the combined net weekly income of the parties is $3145; that basic child support is $418 per week; and that the [defendant's] share is $255 per week ...."

The court further ordered that in the event that the alimony should terminate for whatever reason and the child was still a minor, commencing with the first day of the first month following such termination, and monthly thereafter, the defendant would pay to the plaintiff a sum consistent with the then existing guidelines, or as the court may otherwise direct, as child support until such time as the child reached the age of eighteen years. In the event, however, that the child turns eighteen years old and is still in high school, pursuant to General Statutes § 46b–84(b), the child support order shall continue until the first day of the next month following the child's graduation from high school or his nineteenth birthday, whichever occurs first.

The court also ordered that the child's extracurricular expenses, including summer camp and day care expenses, would be shared by the parties equally. The plaintiff was ordered to maintain and pay for health insurance for the child, so long as it is available to her through her employment at a reasonable cost. In the event that such insurance is unavailable to the plaintiff, the defendant was ordered to "obtain and maintain health insurance for the ... child at his expense, so long as he shall be obligated to pay child support [or subject to] an educational support order pursuant to General Statutes § 46b–56c, or an order based upon a written agreement of the parties for postmajority educational support." The dissolution judgment incorporated the agreement of the parties that all unreimbursed medical, dental, orthodontic, optical, pharmaceutical, psychiatric, and psychological expenses for the child would be shared by the parties equally. The dissolution court also reserved jurisdiction to enter an educational support order pursuant to § 46b–56c.

Shortly after it rendered its judgment dissolving the marriage, the dissolution court issued an amendment and corrections to its memorandum of decision that amended its original order of unallocated alimony and child support. The dissolution court deviated from the guidelines and entered financial orders providing that the defendant was to pay to the plaintiff $3125 per month as unallocated alimony and child support until the death of either party, the remarriage of the plaintiff, or August 31, 2015, whichever occurred first. In addition, commencing September 1, 2008, for so long as the defendant had an outstanding alimony obligation to the plaintiff, within two weeks after receipt by the defendant of any gross additional cash compensation from his employment, including, but not limited to, any salary, bonus or incentive pay in excess of his base salary of $150,000, the defendant was to pay to the plaintiff 25 percent of such gross additional cash compensation up to and including the first $200,000 per year of such additional compensation, as additional periodic unallocated alimony and child support, until the death of either party, the remarriage of the plaintiff, or August 31, 2015, whichever occurred first.

On September 4, 2015, the defendant filed a postjudgment motion for order requesting that the court enter an order establishing his child support obligation in accordance with the guidelines, as the plaintiff's alimony had terminated on August 31, 2015.

On October 19, 2015, the court held a hearing on the defendant's motion. At the hearing, both parties presented evidence and testimony regarding their respective incomes, and during the hearing, the guidelines worksheet prepared by a family relations officer was submitted to the court after it noted that it had not been provided with one. The guidelines worksheet reflected a combined net weekly income of $6000 using the parties' base salaries and allowing for permitted deductions.

The defendant requested that the court enter an order of $288 weekly, which was the amount suggested on the guidelines worksheet. The plaintiff submitted into evidence her own child support calculations. The plaintiff requested, on the basis of her calculations, that the trial court order the defendant to pay her child support in the amount of $895 per week, or $3878 per month, and that the court "consider the ... [defendant's] deferred compensation ... [a]nd include [it] in providing an order."

The court, after stating that it had considered all of the evidence, including the testimony of the parties, the exhibits, the parties' financial affidavits, and guidelines, ordered the defendant to pay the requisite presumptive minimum child support in the amount of $288, in accordance with the guidelines.1 The court did not issue any supplemental child support order based on the deferred compensation the defendant receives in addition to his base salary.

On November 3, 2015, the plaintiff filed a motion for reargument or reconsideration postjudgment (motion to reargue). The court granted the plaintiff's motion and held a hearing on January 20, 2016. Following argument by counsel for both parties, the court denied the plaintiff the relief she requested and determined that its decision of October 19, 2015, would stand, reiterating that it had "considered the ... guidelines, the statutory factors of criteria ... [and] all the evidence that was presented, including the financial affidavits and their attachments." This appeal followed.2 Additional facts and procedural history will be set forth as necessary.

We begin with the well established standard of review relative to domestic relations cases. "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. ... 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. ... [T]o conclude that the trial court abused its discretion, we must find that the court either incorrectly applied the law or could not reasonably conclude as it did. ... 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. 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." (Citations omitted; internal quotation marks omitted.) Valentine v. Valentine, 164 Conn. App. 354, 361, 141 A.3d 884, cert. denied, 321 Conn. 917, 136 A.3d 1275 (2016).

In Fox v. Fox, 152 Conn. App. 611, 619 n.3, 99 A.3d 1206, cert. denied, 314 Conn. 945, 103 A.3d 977 (2014), we applied the abuse of discretion standard to our review of a modification of a child support order, reasoning that the claims at issue "challenge the manner in which the court applied the guidelines,...

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