Carol A. Kennedy v. Darrell L. Kennedy (2011)

MEMORANDUM OF DECISION

On July 9, 2011 the Court found there was due and owing the sum of $21,000.00 for support arrearages.   The Court found the defendant in contempt and ordered incarceration but because an issue was raised as to the full amount owing the Court ordered a $10,000.00 purge order.   Memoranda have been submitted on the issue of the amount that was due and payable.   The Court has already made a finding of willfulness otherwise there would have been no incarceration.   The child support order no self-executing provision for reducing child support upon emancipation.

This Court has carefully considered defendant's assertion for equitable defenses for waiver, estoppel, and actions.   Defendant's reliance on Lownds v. Lownds, 41 Conn.Sup. 100 is misplaced.   No evidence was presented that any action by the plaintiff caused him to change his position to his detriment.

The child support order was based on the totality of the circumstances and based on the financial affidavits of both parties, and not based on the Child Support Guidelines.   The plaintiff testified that it was her understanding that the Defendant's support obligation would continue until the later of when their youngest child turned eighteen or graduated from his high school.   During the negotiations and court proceedings that led to the child support order, the Defendant was represented by counsel and had knowledge of the terms of the order.   Nevertheless, prior to the present proceedings, he failed to seek any court modification of the order on the grounds of any substantial change in circumstances and instead engaged in self-help by knowingly and willfully failing and refused to make child support payments to the existing order.

The Defendant owed child support arrearage in the amount of $21,000.00 and the contempt was willful in contempt of court any funds held by the Clerk of the Superior Court are ordered released to the plaintiff.

By the Court,

OWENS, J.T.R.

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