Tow v. Tow
Tow v. Tow
Opinion of the Court
Opinion
The plaintiff, Jennifer Tow, appeals from the trial court’s judgment with regard to the court’s rulings on certain postdissolution motions. She claims that the court erred in (1) denying her motion for contempt, (2) granting the motion of the defendant, David Tow, to modify child support and alimony and (3) denying her motion for permission to relocate with the parties’ minor child. We affirm the judgment of the trial court.
The following facts are relevant to the plaintiffs appeal. The parties were married in 1981. Three children were bom of the marriage. Two had attained majority and graduated from high school at the time of the court’s decision on the postdissolution motions. In May, 2007,
I
The plaintiff claims that the court erred in denying her motion for contempt. We disagree.
In her motion for contempt, the plaintiff argued that the defendant had failed to pay the required child support and alimony during a nine month period following the judgment of dissolution during which the parties continued to reside in the same house.
The plaintiff argues that the court’s conclusions were flawed because they ignored the defendant’s prior agreement that he owed $15,000 in unpaid child support and alimony,
II
The plaintiff next claims that the court erred in granting the defendant’s motion to modify child support and alimony. We disagree.
The court determined that the financial orders were modifiable pursuant to General Statutes § 46b-86 in the event of a substantial change in circumstances because the divorce decree did not preclude modification. The
Section 46b-86 (a) provides in relevant part: “Unless and to the extent that the decree precludes modification, any final order for the periodic payment of permanent alimony or support . . . may, at any time thereafter, be . . . modified by the court upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a . . . .”
“[W]e will not disturb the trial court’s ruling on a motion for modification of alimony or child support
The plaintiff argues that several of the court’s factual findings supporting its finding of a substantial change of circumstances are erroneous. The plaintiff primarily argues that the defendant’s voluntary decrease in income should not be a lawful basis on which to find a substantial change in circumstances. The court made no finding that the defendant’s decrease in income was voluntary, but rather used the decrease as a reason to support its finding of a substantial change in circumstances. The court’s findings regarding a substantial change in circumstances are supported by the record, and, thus, we conclude that the court did not abuse its discretion in granting the defendant’s motion to modify child support and alimony.
Ill
The plaintiff last claims that the court erred in denying her motion for permission to relocate with the parties’ minor child. We disagree.
The plaintiff filed a motion to allow her to relocate to France with the parties’ one minor child, who was twelve years old at the time of the court’s decision on the postjudgment motions. The court determined, on
“Our standard of review of a trial court’s decision regarding . . . relocation orders is one of abuse of discretion. ... It is within the province of the trial court to find facts and draw proper inferences from the evidence presented. . . . Further, [t]he trial court has the opportunity to view the parties first hand and is therefore in the best position to assess the circumstances surrounding a dissolution action, in which such personal factors as the demeanor and attitude of the parties are so significant.” (Internal quotation marks omitted.) McKechnie v. McKechnie, 130 Conn. App. 411, 421, 23 A.3d 779, cert. denied, 302 Conn. 931, 28 A.3d 345 (2011).
The plaintiff argues that the court erred in finding that relocation would not further a legitimate purpose and in not crediting testimony that relocation was in the child’s best interests. See General Statutes § 46b-56d (a) (3). The record supports the court’s finding that relocation was not for a legitimate purpose. The court was not obligated to credit the plaintiffs view of testimony. Contrary to the plaintiffs argument, the court is not required to accept her view of the evidence. See LPP Mortgage, Ltd. v. Lynch, 122 Conn. App. 686, 700-701, 1 A.3d 157 (2010) (exclusive province of trier of fact to weigh evidence and determine credibility of witnesses). The court did not err in denying the plaintiffs motion for permission to relocate with the parties’ minor child.
The judgment is affirmed.
In this opinion the other judges concurred.
For nine months following the dissolution of marriage, the defendant remained in the family home and the parties maintained a financial status quo of prior years without formal payment of alimony or child support.
The court found that “the ‘agreement’ was based on a mistaken belief by the defendant and that, in any event, was never entered as a court order.”
Our Supreme Court has recognized some restrictions on provisions providing for nonmodification of child support. See Tomlinson v. Tomlinson, 305 Conn. 539, 547-48, 46 A.3d 112 (2012); Fawow v. Vargas, 231 Conn. 1, 22, 647 A.2d 731 (1994); Guille v. Guille, 196 Conn. 260, 266, 492 A.2d 175 (1985). Such restrictions are not at issue in this case.
General Statutes § 46b-56d provides: “(a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child and involving the relocation of either parent with the child, where such relocation would have a significant impact on an existing parenting plan, the relocating parent shall bear the burden of proving, by a preponderance of the evidence, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child.
“(b) In determining whether to approve the relocation of the child under subsection (a) of this section, the court shall consider, but such consideration shall not be limited to: (1) Each parent’s reasons for seeking or opposing the relocation; (2) the quality of the relationships between the child and each parent; (3) the impact of the relocation on the quantity and the quality of the child’s future contact with the nonrelocating parent; (4) the degree to which the relocating parent’s and the child’s life may be enhanced economically, emotionally and educationally by the relocation; and (5) the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements.”
The relationship ended, but the plaintiff continued to plan to relocate with the minor child to France.
The defendant had permitted the plaintiff to take the minor child temporarily to France.
The court determined that the child’s relationship with the defendant deteriorated when the defendant objected to the relocation and deteriorated further since the child’s temporary move to France with the plaintiff.
Reference
- Full Case Name
- JENNIFER TOW v. DAVID TOW
- Cited By
- 6 cases
- Status
- Published