Afkari-Ahmadi v. Fotovat-Ahmadi, 294 Conn. 384

Summary

The Supreme Court of Connecticut affirmed a contempt order requiring the defendant to pay one-half of his son's private-school educational expenses under a stipulated postdissolution agreement. The court held that the stipulation permitted private-school enrollment when the child failed to meet either the academic or behavioral condition for remaining in public school. It also declined to reach an improperly delegated judicial-authority claim that was not distinctly raised at trial and held that the defendant bore the burden of proving inability to pay.

Holdings

1. The stipulation required the son to satisfy both the academic and behavioral requirements to remain in the public school system; therefore, failure to maintain the required C average alone triggered the private-school enrollment and equal-cost-sharing provision.
2. The court declined to reach the merits of the defendant's claim that the stipulation improperly delegated judicial authority because the defendant presented a different theory on appeal from the theory raised in the trial court.
3. The contempt order was proper because inability to pay is an affirmative defense, the contemnor bears the burden of proving inability to comply, and the trial court specifically found that the defendant had presented no credible evidence of inability to pay.

Questions Presented

1. Whether the stipulation required both a failure to maintain a C average and disciplinary intervention before the son's private-school enrollment and the defendant's cost-sharing obligation were triggered.
2. Whether the trial court improperly delegated judicial authority to the son's therapist and guardian ad litem by enforcing the stipulation's provision allowing them to recommend a private school.
3. Whether the contempt order was improper because the trial court did not independently elicit evidence of the defendant's ability to pay.

Disposition

affirmed