Agostino v. Agostino, No. Fa 95 126601 (Aug. 18, 1997)
Opinion of the Court
Counsel for the defendant requested an opportunity to examine the plaintiff further as to her financial condition before the court entered an order that the defendant pay any portion of her counsel fees, there being insufficient time available on May 1, and I granted that request. Based on a recent decision of the Supreme Court, however, it is clear that the plaintiffs financial condition is irrelevant to the issue of counsel fees in connection with a contempt finding. In Dobozy v. Dobozy,
Accordingly, it does not appear that an examination of the plaintiff as to financial ability to pay her counsel fees is called for, and the defendant has not raised any issue as to the reasonableness of the claimed attorneys fees. Having examined the affidavit of counsel fees, I find them to be fair and reasonable both as to the hourly fee and the time claimed to have been spent in the prosecution of the plaintiffs contempt motions. Having read the transcript of proceedings on August 22, 1996, when I found the defendant in contempt, I further find that an order that the defendant contribute to those counsel fees is appropriate as a sanction for his wilful non-compliance with the child support orders.
Within 60 days of this date the defendant is ordered to pay to the plaintiff $1625, representing one-half of the counsel fees incurred in connection with the plaintiffs contempt motions.
SHORTALL, J. CT Page 12604
Case-law data current through December 31, 2025. Source: CourtListener bulk data.