Summary
This Connecticut Appellate Court opinion addresses whether an award of attorney’s fees in a marital dissolution judgment is automatically stayed during the pendency of an appeal under Practice Book § 61-11(a). The court held that the $25,000 attorney’s fees award does not fall within the exemptions for periodic alimony, support, custody, or visitation, and therefore remains subject to the automatic appellate stay. Accordingly, the trial court’s order requiring immediate payment was vacated.
Topics
Practice areas
Questions Presented
- Whether the award of attorney's fees in a dissolution judgment is subject to the automatic appellate stay under Practice Book § 61‑11(c).
Holdings
- The $25,000 attorney's fees award is automatically stayed because it does not fall within the exemption for periodic alimony, support, custody, or visitation in family matters.
Key quotations
““The interpretation and application of provisions of the rules of practice involves a question of law over which our review is plenary.”” (at 3)
““In family matters, however, orders of periodic alimony and orders of child support are specifically exempt from the automatic stay provisions of . . . § 61‑11.”” (at 4)
Factual background
The marriage was dissolved; the trial court awarded joint legal and physical custody of two minor children, $119 weekly child support, $750 monthly alimony, and $25,000 attorney's fees to the plaintiff. The plaintiff had been terminated from a long‑term job and was driving for Uber; the defendant stopped working due to a cancer diagnosis. Both parties were accused of lacking candor about finances.
Procedural history
The Superior Court dissolved the marriage, awarded joint custody, child support, alimony, and a $25,000 attorney's fees award to the plaintiff. The defendant appealed the financial orders. The trial court denied a contempt motion and held the attorney's fees award was exempt from the automatic stay. The defendant filed a motion for review of that order.
Remand instructions
The trial court's order that the attorney's fees award was exempt from the automatic appellate stay is vacated; the award remains automatically stayed pending further proceedings.