Tuckman v. Tuckman
Decision Date | 26 March 2013 |
Docket Number | SC 18786 |
Parties | CRAIG E. TUCKMAN v. KAREN R. TUCKMAN |
Court | Connecticut Supreme Court |
The "officially released" date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ''officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ''officially released'' date.
All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative.
The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut.Norcott, Palmer, Zarella, Eveleigh and Alvord, Js.
Kenneth J. Bartschi, with whom were Brendon P. Levesque and, on the brief, Wesley W. Horton, for the appellant (plaintiff).
Charles W. Fleischmann, for the appellee (defendant).
In this certified appeal,1 the plaintiff, Craig E. Tuckman, appeals from the judgment of the Appellate Court reversing the judgment of the trial court with respect to the financial orders in this action dissolving his marriage to the defendant, Karen R. Tuckman. Tuckman v. Tuckman, 127 Conn. App. 417, 14 A.3d 428 (2011). The dispositive issues in this appeal are whether: (1) the Appellate Court properly determined that the trial court failed to apply the child support guidelines when the defendant sought unallocated alimony and support, and failed to file the required child support guidelines worksheet; and (2) the trial court properly determined that the defendant's subchapter S allocated income2 should be included in her annual net income. We affirm the judgment of the Appellate Court.
The opinion of the Appellate Court sets forth the following facts and procedural history. ''The defendant and the plaintiff . . . were married on November 3, 1990. They have two children, a son, born in 1994, and a daughter, born in 1996. Both parties have substantial income and assets available to them. In 2005 and 2006, the defendant had an income of $530,000 and $945,000, respectively. The defendant's assets included a one-third stake in BJK Partners (BJK), an investment partnership with her two older brothers, and a one-third ownership interest in Offices Limited, Inc., a family office furniture business. According to the parties' financial affidavits, at the time of trial, the defendant's share of BJK was valued at approximately $2.7 million, while her share of Offices Limited, Inc., was valued at $1.25 million. The defendant also earned well over $2 million through her BJK investment partnership between 1996 and 2007. In 2006 and 2007, the plaintiff, who worked in the commodities division at Merrill Lynch, each year earned a base compensation of $200,000 with a bonus of $1.5 million. In 2008, the plaintiff was set to begin employment at Citicorp, where he was to receive base pay along with a bonus of $1.25 million in 2009 and 2010.
''On September 13, 2006, the plaintiff brought this dissolution action by complaint in which he sought a dissolution of the marriage and an appropriate order regarding custody, child support and educational support of their minor children. Thereafter, the defendant filed an answer and cross complaint in which she sought a dissolution of the marriage, alimony, joint custody of the minor children, child support, educational support, an assignment of the plaintiff's estate, an order directing the plaintiff to provide security in satisfaction of any judgment rendered and attorney's fees.
''Following a trial, on January 8, 2009, the court, Hon. Howard T. Owens, Jr., judge trial referee, issued its memorandum of decision, dissolving the parties' mar-riage, adopting the parties' agreed parenting plan and setting forth its financial orders. The court found, as it related to fault, that 'neither party is to blame—it is just a marriage that despite the parties' efforts, it did not succeed.' In so finding, the court issued the following financial orders: (1) no periodic alimony to either party; (2) $250 per week in support of each child to the defendant; (3) property of the parties to be divided with 67 percent going to the defendant and 33 percent to the plaintiff, with the exception of [one particular] account, which went to the defendant; (4) possession of the marital home to the defendant and one half of its equity, or $528,183, to be paid to the plaintiff within sixty days; (5) denial of the defendant's request for attorney's fees; and (6) additional orders relating to personal property and medical insurance and expenses.
Thereafter, the defendant appealed to the Appellate Court claiming, inter alia, that the trial court abused its discretion by improperly awarding her an insufficient amount of child support. Id., 418-19. The Appellate Court concluded that the trial court abused its discretion because ''[t]he [trial] court's order failed to follow the guideline's tables, and, more importantly, its memorandum of decision failed to make any reference to the guidelines.'' Id., 425. The Appellate Court continued: 'Id. Thereafter, the Appellate Court reversed the judgment of the trial court as to the financial orders and ordered a new trial. Id., 427. As a result of this conclusion, the Appellate Court did not address the two other issues on appeal, namely, whether the trial court abused its discretion by failing to award the defendant alimony or by determining that the investment assets held by [a certain premarital trust] were part of the marital estate. Id., 418-19, 427 n.3. This appeal followed.3
After hearing oral arguments in this case, this court issued an order transferring the other claims raised by the defendant at the Appellate Court to this court, and ordered the parties to file supplemental briefsaddressing those issues. The issues were identified in this court's order as follows: Thereafter, 'this court heard oral argument on these supplemental issues.4
We begin by setting forth the applicable standard of review. '(Internal quotation marks omitted.) Maturo v. Maturo, 296 Conn. 80, 87-88, 995 A.2d 1 (2010).
The plaintiff claims that the Appellate Court improperly concluded that the trial court abused its discretion in...
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