Dwight Judy v. Donna Judy (2014)

CLARIFICATION OF DECISION

The court tried this matter to completion on February 11, 2014 and announced its decision from the bench.   The court inadvertently omitted an assignment of a joint debt of the parties from its ruling.   The court on its own motion now clarifies that ruling to address the omission.

“Motions for articulation or clarification, although not specifically described in the rules of practice, are commonly considered by trial courts and are procedurally proper.”  Holcomb v. Holcomb, 22 Conn.App. 363, 366 (1990).   Clarifications are appropriate when the trial court failed to rule on a matter.  Schoonmaker v. Lawrence Brunoli, Inc., 265 Conn. 210, 232 (2003).   It is the proper procedural vehicle to ask the trial judge to rule on an over-looked matter.  Wallenta v. Moscowitz, 81 Conn.App. 213, 230, cert. denied, 268 Conn. 909 (2004).   Clarifications are not to be used by the trial court to “substitute a new decision [or] to change the reasoning or basis of a prior decision.”  Walshon v. Walshon, 42 Conn.App. 651, 655–56 (1996).

Plaintiff credibly testified about three marital debts:  $8,000.00 to Beneficial Finance, $7,000.00 owed on a Citibank credit card, and a $1,900.00 income tax obligation for tax years 2010 and 2011.   The court finds from the evidence that the debts are not in the nature of support.   Plaintiff consulted a bankruptcy attorney to deal with these debts because the creditors placed judgment liens on the marital property.   The court notes from the parties' sworn Financial Affidavits that there is little or no equity in this property and that defendant has no significant assets.

“General Statutes § 46b–81 confers broad powers upon the court in the assignment of property, and the allocation of liabilities and debts is a part of the court's broad authority in the assignment of property.”  (Internal quotation marks omitted.)  Clark v. Clark, 115 Conn.App. 500, 505, 974 A.2d 33 (2009).   The court has considered C.G.S. § 46b–81 and its guiding criteria.   The court assigns sole responsibility for the payment of these bills to plaintiff.

SO ORDERED.

Carbonneau, J.

Carbonneau, John L., J.