Paul Greenan v. Suzanne Greenan (2011)

MEMORANDUM OF DECISION RE MOTIONS # 294 and 295, PENDENTE LITE

The matter comes before the court by way of motions for counsel fees pendente lite for the Attorney for the Minor Children (“AMC”) and the Guardian ad Litem (“GAL”).   On June 17, 2009, the court entered an order for the payment of a retainer for the GAL in the amount of $5,000.00, to be paid 1/3rd by the plaintiff husband (“husband”) and 2/3rds by the defendant wife (“wife”).   The court further ordered that any future retainer or fees would be shared in accordance with a court order.   Subsequent thereto, the court appointed an AMC with a like retainer, and it ordered that said fee be shared in the same proportion as with the GAL. Both the AMC and the GAL have stipulated that said retainers have been paid.   Further fees were incurred over and above the retainers, some of which have been paid by each party.   The AMC and the GAL have asked for a further retainer of $15,000.00 each and for the payment of the outstanding balances due them as of the date of the hearing.

The court heard testimony and argument over the course of three days, to wit:  October 5, November 2, and November 9, 2010.   Neither party contested the reasonableness of the fees, and confined their arguments to the proportional share by their respective clients.

FINDINGS

The court, having heard the testimony and considered the evidence, including the affidavits of fees and the financial affidavits of the parties, makes the following findings.

1. That as of November 4, 2010, the parties had accrued fees and costs to the GAL, Attorney Broder, over and above the initial retainer, in the amount of $73,212.11;  that under all the circumstances, it is equitable and appropriate that the parties share that sum in the ratio of 25% by the husband and 75% by the wife;  that therefore, the husband's share is $18,303.03 and the wife's share is $54,909.08;  that as of November 4, 2010, the husband had paid the sum of $4,728.93 and that the wife had paid the sum of $51,673.07 toward said balance;  that as of November 4, 2010, there was due and owing to the GAL the sum of $16,810.11;  and that after due credit to each party for payments made, the husband owes the sum of $13,574.10 and the wife owes the sum of $3,236.01 toward said balance.¹

2. That during the pendency of this matter, the parties have accrued fees and costs to the AMC, over and above the initial retainer, which total $5,355.00;  that to date, neither party has made any payments toward said additional sum;  that therefore, as of November 9, 2010 there is due and owing to the AMC the sum of $5,355.00;  and that it is equitable and appropriate that the accrued fees to the AMC, Attorney Needle, in the amount of $5,355.00 be paid by the parties in the ratio of 25% by the husband and 75% by the wife.

3. An award of reasonable attorneys fees, including fees for an AMC or GAL, is within the sound discretion of the court, and in making a determination as to whether or not to grant such a request, the court must look at the financial abilities of the parties and apply the criteria set forth in General Statutes § 46b-82 and 46b-62;  and LaMacchia v. Chilinski, 79 Conn.App. 372 (2003);  that in making its determination of reasonableness, the court can rely on its experience.  Miller v. Kirshner, 225 Conn. 185, 201 (1993);  Costa v. Costa, 11 Conn.App. 74, 77-78 (1987);  and that there must be an “appropriate evidentiary showing” to determine amount.  Panganiban v. Panganiban, 54 Conn.App. 634, 643-44 (1999).

4. That the parties through counsel have stipulated that the attorneys fees and costs claimed are reasonable.

ORDER

IT IS HEREBY ORDERED THAT within thirty (30) days from the date of this order.

(1) the outstanding attorneys fees and costs of the AMC in the amount of $5,355.00 be paid 25% by the husband and 75% by the wife;  and (2) the outstanding attorneys fees and costs of the GAL as of November 4, 2010 in the amount of $16,810.11 shall be paid $13,574.10 by the husband and $3,236.01 by the wife.

IT IS FURTHER ORDERED THAT within one week from the date of this order, the sum of $30,000.00 be withdrawn from the escrow account and paid $15,000.00 each to the AMC and GAL.

Any additional fees and/or retainers shall be assessed and allocated in accordance with a further order of the court.

THE COURT

Shay, J.

FOOTNOTES

FN1. Technically, the husband still owes $1.00 toward his 1/3rd share of the initial retainer of the GAL, however, the court considers this de minimus and has not adjusted its order to reflect this..  FN1. Technically, the husband still owes $1.00 toward his 1/3rd share of the initial retainer of the GAL, however, the court considers this de minimus and has not adjusted its order to reflect this.

Shay, Michael E., J.