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In the case of Borkowski v. Borkowski, an ex-husband challenged the decision of the Appellate Court which affirmed the trial court's modification of the award of child support and alimony to his ex-wife.
The ex-husband sought review of the appellate court's decision that affirmed the trial court's modification of the award of child support and alimony to the ex-wife. The court ruled that the trial court correctly admitted evidence concerning injury that the husband had caused the ex-wife, which was the foundation for expert testimony of post-modification changes in the ex-wife’s medical condition. Reversing, the court held that the trial court improperly allowed financial information concerning husband’s income and ex-wife’s investments pre-dating the last support modification. Admission of the evidence constituted improper re-litigation of issues and was irrelevant to whether substantial changes had transpired in the parties' circumstances subsequent to the last modification.
The judgment of the appellate court was reversed and the case was sent back to superior court with direction to reverse the judgment of the trial court and to remand the case for a new hearing on the husband’s motion for modification. “We conclude that the [husband] has sustained his burden of showing that the trial court's improper admission of the evidence in question was likely to have affected the result of the hearing” said the court. “The trial court's [conversations between the court and] counsel demonstrate the trial court's view that it was permitted to go back to the original decree in determining whether a change of circumstances had occurred. Although the trial court did not explicitly recount the evidence in question in its memorandum of decision, it nevertheless made it clear throughout the trial that it considered the evidence to be material to the defendant's claims. We assume that the trial court considered the evidence in determining whether a substantial change of circumstances had occurred and in setting the modification order.”
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: Borkowski v. Borkowski, 228 Conn. 729, 638 A.2d 1060, 1994 Conn. LEXIS 64 (Conn. 1994)
