Posts tagged with "gross income"

Court Awards Wife Alimony for a Period of Ten Years with Safe Harbor for Husband Up to $250,000 Annually

In a recent dissolution of marriage action pending in the Judicial District of Fairfield at Bridgeport, the Court awarded the wife unallocated alimony and child support in the amount of $1,000 per week.  The parties were married in 1999 and were the parents of two children, both of whom were minors at the time of trial.  The Husband was thirty-eight years of age, had a degree in engineering, and worked for a family business owned by his father.  The wife was forty years of age.  She did not have a college degree and worked only seven hours per week.  The parties both alleged that the other caused the breakdown of the marriage by abusing drugs and alcohol, although the Court questioned the wife’s credibility on that topic.  The wife also claimed that the husband expressed he wanted to end the marriage because he had met another woman.  Despite the parties’ allegations, however, the Court found them equally at fault for the breakdown of the relationship.

At trial, the wife also claimed that the husband underreported his income on his financial affidavit, although the Court noted that she presented no evidence to support the allegation.  The Court ultimately reviewed the parties’ joint tax returns and found that the husband’s gross income at the time of trial was $140,000 per year, exclusive of any bonus and that the wife was earning $100 gross per week.   Based on those figures, the Court determined that the presumptive child support award under the Connecticut Child Support Guidelines was $392 per week.  However, at the parties’ request, the Court entered an unallocated alimony and child support order, awarding the wife $1,000 per week for a period of ten years, with the full amount deductible by the husband and taxable to the wife.  The Court further ordered the husband to pay the wife 50% of his bonus each year within ten days of his receipt of the same.  The Court specified that said sum shall also be paid to the wife as unallocated alimony and child support, and therefore was also deductible by the Husband and taxable to the wife.  The Court allowed the husband a safer harbor up to $250,000 per year, and the wife a safe harbor up to $10,000 per year, thereby precluding future modifications unless and until their respective incomes exceeded the aforementioned amounts.

If you have questions regarding alimony or any family law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

Alimony Alert- September 2, 2011

On July, 15, 2011, following trial in a Stamford based dissolution action, Judge Wenzel ordered the defendant husband to pay alimony to the wife as follows: from August 1, 2011 to December 31, 2011, the sum of $9,500 per month; from January 1, 2012 through December 1, 2012, the sum of $8,000 per month together with 30% of his gross income between $200,000 and $350,000; from January 1, 2013 through December 31, 2014 (or the closing for the sale of the marital residence, whichever occurs first) the sum of $6,000.00 per month together with 20% of his gross income between $200,000 and $300,000; and from January 1, 2015 until his 65th birthday, the sum of $4,000 a month.

The Court found that the parties were married for approximately twenty-two (22) years. Before marrying, they both lived and worked in New York City. They moved to Connecticut around the time they got married and bought a house in Stamford. In the late 1990s, after having three children, one of which was diagnosed with autism, they moved to New Canaan, where they purchased a new home.

The wife accused the husband of having multiple affairs, although the court noted she was unable to support her suspicions. The wife also alleged that over the course of the marriage the husband spent long hours at his business, traveling frequently and staying at work late into the night, leaving her with all the responsibilities of running the household and caring for their special needs child.

The Husband denied the affairs and alleged that the wife had an extra-marital relationship of her own. The wife concealed the physical component of the relationship for several years, but finally admitted to it immediately before her deposition. The Court ultimately found the causes of the divorce to be attributable to the wife, and that her accusations were made solely for tactical reasons. Nevertheless, the court held that its assessment of the cause of the breakdown of the marriage could not play a significant role in fashioning its alimony award. Instead, it considered the length of the marriage and the fact that there had been great hardship and stress during the last half of the parties’ relationship.

Alimony Alerts are prepared by Michael D. DeMeola of Maya Murphy, P.C.
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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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In Divorce Action, Wife is Entitled to Obtain Review of Husband’s Income by an Independent Certified Public Accountant

In a recent post judgment divorce case, the Connecticut Appellate Court validated the use of ongoing discovery to obtain documentation necessary to perform an independent review of an alimony payor’s income. In this particular case, the parties obtained an uncontested divorce in 2007. Pursuant to their separation agreement, the husband was required to pay the wife alimony in accordance with designated percentages of his gross income. The separation agreement also provided that for any year in which the husband paid less than the maximum amount that could be due, he must provide the wife any and all W-2 and 1099 forms, or other documents to corroborate his earned income for the previous year. The wife was permitted to have the documents reviewed by a certified public accountant of her choosing, and in the event the husband underpaid, he would be responsible for the cost of the review. In 2010, the wife filed a motion for contempt, claiming that, based on the documents she had received, the husband underpaid alimony for the 2007 tax year by almost $100,000.00. The wife also claimed that the husband had refused to provide her with the documents required by their separation agreement. According to the wife, the parties’ agreement required the husband to provide documents beyond his tax filings. However, the lower court disagreed, stating that it was not going to allow the wife to continually second guess the husband’s income.

The wife appealed and the Appellate Court ruled in her favor. In reviewing the parties’ separation agreement, the Court found that the pertinent language expressly stated that the parties intended to require the disclosure of documents necessary to corroborate the amount of gross earned income reported by the husband. According to the Appellate Court, if the agreement entitled the wife to obtain only the defendant’s tax forms, her review would be restricted to determining whether the husband simply made a mathematical error in calculating the sum of alimony due. The Court found that the agreement clearly and unambiguously contemplated a more thorough review. Hirschfeld v. Machinist, 137 Conn. App. 690 (2012).

Should you have any questions pertaining to alimony, or divorce matters in general, please feel free to contact Attorney Michael D. DeMeola, Esq. He can be reached in the firm’s Westport office at (203) 221-3100 or by e-mail at mdemeola@mayalaw.com.
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Our firm in Westport serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton.

If you have any questions or would like to speak to an attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100 for a free consultation. Divorce is difficult, education is power. Call today.

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