Regina Carreiro v. Peter Utz (2010)

MEMORANDUM OF DECISION ON APPEAL FROM FAMILY SUPPORT MAGISTRATE

Before the court at this time is defendant's appeal (# 126), filed June 4, 2010, from a May 20, 2010, decision of the Family Support Magistrate (Lifshitz, FSM).  The decision appealed from is the magistrate's order that the defendant pay to the plaintiff $8000 in attorney fees, $2000 of which was due within 40 days of said order.

The court issued a memorandum of decision dated June 29, 2010 remanding the matter to the magistrate to articulate its findings.   The magistrate issued its articulation on October 26, 2010.

In said articulation, the magistrate clarified that its decision had been rendered pursuant to Connecticut General Statutes § 46b-171 rather than § 46b-62.   The significance is that the latter requires the court to consider the respective financial abilities of the parties whereas the former does not.   See, generally, Miller v. Kershner, 225 Conn. 185 (1993);  Pagliaro v. Jones, 75 Conn.App. 625 (2003).   Clearly, there exists enough evidence in the record to support the magistrate's decision.   For the foregoing reasons, the appeal is denied.

Shluger, J.

Shluger, Kenneth L., J.