Melinda Crews v. Stephen Crews (2010)

CLARIFICATION

The marriage of the parties was dissolved by decree of this court on August 16, 2005.   In connection therewith, the court filed a Memorandum of Decision dated August 16, 2005, which it later amended on September 19, 2005 setting forth the terms of its orders.   The defendant filed an appeal therefrom, following which, the Appellate Court reversed the trial court in part and affirmed it in part.  Crews v. Crews, 107 Conn.App. 279, 314 (2008).   Specifically, the Appellate Court remanded the case to the trial court “for clarification of its life insurance orders pursuant to law and to enforce the agreement.”   The Supreme Court granted certification and ultimately affirmed the Appellate Court.  Crews v. Crews, 295 Conn. 153, 173 (2010).   Since clarification of an order or judgment is properly directed to the author of the decision, the court intends to comply with the remand in that respect.   However, since the enforcement of the antenuptial agreement is likely to require an evidentiary hearing, the court is prohibited by General Statutes § 51-183c from presiding thereat.   Accordingly, the court respectfully declines to do so and has requested that the matter be reassigned for all further proceedings consistent with the direction of the Appellate Court.

By way of Clarification:

Paragraph 13 of the court order dated August 16, 2005 is hereby clarified to read as follows:

13. The husband shall maintain $1,500,000.00 of the existing life insurance, and shall name the wife and children as equal beneficiaries thereof for so long as he has an obligation to pay alimony and child support under the terms of this decree.   The forgoing notwithstanding, upon the termination of the husband's alimony obligation to the wife, he may reduce his life insurance obligation, naming either child, or both children as the case may be, as beneficiary of $500,000.00 of life insurance per child, so long as he has a child support obligation to that child or so long as he has an obligation under an educational support order entered pursuant to General Statutes § 46b-56c for that child.

THE COURT

SHAY, J.

Shay, Michael E., J.