Tilsen v. Benson, ___ Conn. ___ (2023) (ketubah & prenuptial agreement; U.S. Const. 1st Amendment) Officially released September 5, 2023 In Short: (1) A prenuptial agreement that directs the court to enter financial orders based on religious doctrine, rather than expressing the intended financial orders itself, will not be enforced for violation of the establishment clause of
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Incomplete evaluations at time of trial; no right to articulation: Anderson-Harris v. Harris ___ Conn. App. ___ (2023)
Anderson-Harris v. Harris ___ Conn. App. ___ (2023) (incomplete evaluations at time of trial; no right to articulation) Officially released August 22, 2023 In Short: This case is a disaster of mental health, repetitive ex parte applications, and unsubstantiated repeated allegations of sexual abuse and obsession therewith to the detriment of the children. Its precedential value, if…
“Cause for the breakdown” does not equal “intolerable cruelty”; the trial court has discretion regarding alimony: Buchenholz. v. Buchenholz. 221 Conn. App. 132 (2023)
Buchenholz. v. Buchenholz. 221 Conn. App. 132 (2023) (“cause for the breakdown” does not equal “intolerable cruelty”; the trial court has discretion regarding alimony) Officially released August 15, 2023 In Short: (1) a creative (but not particularly compelling) argument to construe testimony and findings about the cause for the breakdown of the marriage as modification of the…
Dissipation of assets did not result in consequences, underreporting of earnings did not result in earning capacity assignment: Pencheva-Hasse v. Hasse, 221 Conn. App. 113 (2023)
Pencheva-Hasse v. Hasse, 221 Conn. App. 113 (2023) (dissipation of assets did not result in consequences, underreporting of earnings did not result in earning capacity assignment) Officially released August 15, 2023 In Short: Minimal appellate precedential value. Husband was found to have dissipated assets but was awarded the lion’s share of the marital estate, and was found…
Appellate Court declines to review issue not raised before trial court: Ochoa v. Behling, ___ Conn. App. ___ (2023)
Ochoa v. Behling, ___ Conn. App. ___ (2023) (Appellate Court declines to review issue not raised before trial court) Officially released August 8, 2023 In Short (and all you need to know): Father failed to raise the issue of the trial court’s authority to award a tax exemption to an intervening third party at any time prior…
Mootness; contempt: Netter v. Netter, 202 Conn. App. 491 (2023)
Netter v. Netter, 202 Conn. App. 491 (2023) (mootness; contempt)
In Short: this case contains (1) a review of the “capable of repetition, yet evading review” doctrine pertaining to mootness on appeal and (2) a failed attempt to find ambiguity and excuses where none existed as to contempt. Husband appealed the trial court’s decision on two…
Netter v. Netter, 202 Conn. App. 491 (2023) (mootness; contempt)
Netter v. Netter, 202 Conn. App. 491 (2023) (mootness; contempt) In Short: this case contains (1) a review of the “capable of repetition, yet evading review” doctrine pertaining to mootness on appeal and (2) a failed attempt to find ambiguity and excuses where none existed as to contempt. Husband appealed the trial court’s decision on two pendente…
Prioleau v. Agosta, ___ Conn. App. ___ (2023) (reargument; custody & abuse of discretion)
Prioleau v. Agosta, ___ Conn. App. ___ (2023) (reargument; custody & abuse of discretion) Officially released July 4, 2023 In Short: This case is a modest primer on reargument based on overlooked facts. The parties were never married and had one child. They had informally exercised joint legal custody and a shared parenting plan in which Mother had…
R.H. v. M.S., ___ Conn. App. ___ (2023) (§46b-15 & stalking; §46b-15 & children)
R.H. v. M.S., ___ Conn. App. ___ (2023) (§46b-15 & stalking; §46b-15 & children) Officially released June 27, 2023 In Short: The trial court must have some evidence connecting the violative behavior to the children in order to extend protection under CGS § 46b-15 to the children; the definition of stalking is broader than statute and includes…
Strauss v. Strauss, ___ Conn. App. ___ (2023) (Finality of Judgments)
Strauss v. Strauss, ___ Conn. App. ___ (2023) (Finality of Judgments) Officially released June 27, 2023 In Short: the trial court does not have authority to vacate a finding of contempt after 120 days (absent mutual mistake, fraud or duress). The parties were divorced by separation agreement in 2006. Thereafter, Wife filed numerous motions for contempt and the…