Anjana Chadha v. Brij Anjana (2010)

ORDER

The defendant, Brij Chadha, refuses to pay for his share of unreimbursed costs associated with the minor children's vision care.   The defendant claims that the parties' dissolution agreement only covers unreimbursed dental and medical costs, which do not include the costs of the minor children's vision care.   The Court must decide whether the language of the parties' dissolution agreement includes unreimbursed costs associated with the minor children's vision care.

The agreement dated February 2, 2005 in paragraph 8.1 provides that among other things that the parties must pay the amount required by the Child Support Guidelines regarding the cost of unreimbursed medical and dental expenses, said expenses to include hospital, medical, dental, nursing, and prescriptive drug expenses.   In addition, section 2.9 requires the parties to share information and reports from all pediatricians, physicians, dentists, psychologists, or other professionals for any reason whatsoever.

In Feroleto v. Feroleto, 25 Conn. L. Rptr. 638 (1999), the court ruled that the term “medical expenses” included eye expenses sought by the plaintiff.   The court also did not issue a “contempt finding” “in view of the legitimate dispute over the interpretation of the decree between the parties on these issues.”  Feroleto v. Feroleto, 25 Conn. L. Rptr. 638 (1999).

The Court finds that the defendant's refusal to pay for the minor children's vision care was not willful and contempt is not warranted at this time.   The defendant, Brij Chadha, shall pay $328.37 to the plaintiff, Anjana Chadha, for his share of unreimbursed medical costs for the minor children's vision care within 45 days.   The defendant shall also pay to the plaintiff any out of pocket expenses, i.e. court and/or attorney fees.   If the defendant fails to abide by the court's orders contempt citation shall issue.

OWENS, J.T.R.

Owens, Howard T., J.T.R.