The separation agreement also provided that for any year in which the husband paid less than the maximum amount that could be due, he must provide the wife any and all W-2 and 1099 forms, or other documents to corroborate his earned income for the previous year. The wife was permitted to have the documents reviewed by a certified public accountant of her choosing, and in the event the husband underpaid, he would be responsible for the cost of the review.
In 2010, the wife filed a motion for contempt, claiming that, based on the documents she had received, the husband underpaid alimony for the 2007 tax year by almost $100,000.00. The wife also claimed that the husband had refused to provide her with the documents required by their separation agreement. According to the wife, the parties’ agreement required the husband to provide documents beyond his tax filings. However, the lower court disagreed, stating that it was not going to allow the wife to continually second guess the husband’s income.
The Appellate Court’s Decision
The wife appealed and the Appellate Court ruled in her favor. In reviewing the parties’ separation agreement, the Court found that the pertinent language expressly stated that the parties intended to require the disclosure of documents necessary to corroborate the amount of gross earned income reported by the husband. According to the Appellate Court, if the agreement entitled the wife to obtain only the defendant’s tax forms, her review would be restricted to determining whether the husband simply made a mathematical error in calculating the sum of alimony due. The Court found that the agreement clearly and unambiguously contemplated a more thorough review. Hirschfeld v. Machinist, 137 Conn. App. 690 (2012).
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.
