In 2011, the husband’s position was eliminated. Although he was laid off, the employer provided the husband with a severance package which included, among other things, $319,820.00 in salary. The husband’s total income for 2011 was over $800,000.00, which included employment income and other settlement monies associated with his severance. The husband’s severance agreement contained a one year non-competition clause.
The Court’s Findings
Following a hearing, the court found that the husband had made efforts to find new employment, and start his own consulting firm. The court further found that the husband maintained contacts and kept up with industry and market trends, and noted that the one year non-competition clause likely impacted his ability to secure a new job.
Nevertheless, the wife effectively demonstrated that despite the husband’s loss of employment, his lifestyle remained unchanged. In fact, with the exception of one noted modification, the husband’s discretionary expenses remained exactly the same. Furthermore, the husband vacationed in both Europe and Florida, and maintained ties to various social associations within his community. Noting that lifestyle and personal expenses may serve as the basis for imputing income, the court found that the husband clearly was not concerned about his economic future, and, thus, denied his motion for modification.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well.
If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.
