If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

The Connecticut of Appeals reversed a trial court order for a mother to reimburse ‘improper’ child care payments. The parties’ marriage was dissolved on September 20, 2002, with a separation agreement incorporated by reference into the dissolution judgment. At the time of dissolution, they had two minor children, ages eight and five. A child support order was entered as part of the dissolution judgment, as provided in the separation agreement. That order provided, in relevant part: “The [plaintiff] shall pay to the [defendant] as child support the weekly amount of $231.75 which is in accordance with the Child Support Guidelines. This represents a payment of $167.00 as child support and a contribution of $64.75 toward child care. . . . Child support shall terminate at age 19, graduation from high school or emancipation, whichever shall occur first.” The separation agreement also contained a provision for attorney’s fees if either party intentionally breached the agreement. The plaintiff made all necessary payments through wage garnishment until June, 2013.

The plaintiff argued that the agreement’s circumstances changed substantially where, upon graduation, the children had not attended child care in nearly a decade. He requested that all child care payments cease, and to receive a credit for all unnecessary payments made.

On appeal, the court found that these child care payments, as part of an overall allocation for child support, were immune to retroactive modification under statute § 46b-86(a) prohibiting retroactive modification to any order for support or alimony. The mistake in over-payment was not wrongful or made under deceit. The plaintiff’s arguments that such modifications only applied to current orders was rejected.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: Farmassony v. Farmassony, 164 Conn. App. 665 (Conn. App. Ct. 2016)