deCossy v. deCossy
deCossy v. deCossy
Opinion of the Court
The plaintiff, Edwin deCossy, filed this divorce action against the defendant, Dorothy deCossy, on November 9, 1972, alleging that the defendant had been guilty of intolerable cruelty toward the plaintiff. The defendant filed a cross-complaint alleging that the plaintiff was guilty of intolerable cruelty and that he had deserted her. The marriage was dissolved on October 10, 1973, on the basis of the plaintiff’s wilful desertion of the defendant wife. No orders regarding alimony, child support or counsel fees were entered at that time so that the parties might be given an opportunity to reach an agreement. On April 26, 1974, when negotiations failed, the Hon. Elmer W. Byan, state trial referee, sitting as the court, after a hearing, entered orders requiring the plaintiff to pay $15,000 per year alimony, to pay $5000 per year child support for each of his three children, to provide medical insurance for the children, to provide term life insurance on his own life for the benefit of each minor child in the amount of $25,000 and insurance on his life in the amount of $50,000 payable to the defendant until she dies or remarries, and to assume
As we stated in LaBella v. LaBella, 134 Conn. 312, 318, 57 A.2d 627, cited in Aguire v. Aguire, 171 Conn. 312, 313, 370 A.2d 948, “trial courts have a distinct advantage over an appellate court in dealing with domestic relations, where all of the surrounding circumstances and the appearance and attitude of the parties are so significant.” We confirmed in Aguire v. Aguire, supra, 314: “The trial court, therefore, has broad discretion in determining the type, duration, and amount of alimony which is proper in each case. Krieble v. Krieble, 168 Conn. 7, 357 A.2d 475; Baker v. Baker, 166 Conn. 476, 488, 352 A.2d 277. As we stated in DiPalma v. Wiesen, 163 Conn. 293, 298, 303 A.2d 709, cited in Pasquariello v. Pasquariello, . . . [168 Conn. 579, 584, 362 A.2d 835] : ‘ “ ‘The action of the trial court is not to be disturbed unless it abused its legal discretion, and “[i]h determining this the unquestioned rule is that ‘great weight is due to the action of the trial court and every reasonable presumption should be given in favor of its correctness.’ Dudas v. Ward Baking Co., 104 Conn. 516, 518, 133 A. 591 . . . .” Ardoline v. Keegan, 140 Conn. 552, 555, 102 A.2d 352.’ Camp v. Booth, 160 Conn. 10, 13, 273 A.2d 714. In determining
The plaintiff specifically assigns as error the order of the court requiring the plaintiff to pay $5000 in counsel fees. The plaintiff claims that the amount of the fees is not supported by any specific finding. Under the law of this state, the power to allow counsel fees in divorce actions is granted to the court by General Statutes § 46-59,
There is no error.
In this opinion the other judges concurred.
“[General Statutes] See. 46-52. alimony. ... In determining whether alimony shall be awarded, and the duration and amount of the award, the court, after hearing the witnesses, if any, of each party, except as provided in subsection (a) of section 46-48, shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employ-ability, estate and needs of each of the parties and the award, if any, which the court may make pursuant to section 46-51 and, in the case of a parent to whom the custody of minor children has been awarded, the desirability of such parent securing employment.”
“[General Statutes] See. 46-59. orders re payment op attorney’s pees in certain actions. In any proceeding seeking relief under the provisions of this chapter and sections 17-323a, 17-323b, 17-351, 45-162, 46-5h, 47-14g, 51-182c, 51-182j, 52-362 and 54-27, the court may order either spouse to pay the reasonable attorney’s fees of the other in accordance with their respective financial abilities and the criteria set forth in section 46-52. . . .”
Reference
- Full Case Name
- Edwin W. deCossy v. Dorothy Anne deCossy
- Cited By
- 2 cases
- Status
- Published