Opinion
(12819)
Argued December 11, 1995
Decision released January 23, 1996
Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial district of Ansonia-Milford and referred to Hon. Thomas J. O'Sullivan, state trial referee; judgment dissolving the marriage and granting certain other relief, from which the defendant appealed to this court. Reversed in part; new trial.
Gary Oberst, with whom was Joshua Rammerman, for the appellant (defendant).
Barbara L. Cox, with whom, on the brief, was William F. Gallagher, for the appellee (plaintiff).
This is an appeal from the judgment of the orders of support in a dissolution of marriage action. The defendant's primary claim is that the court failed to consider the appropriate statutory criteria in determining its alimony and child support awards.
The court, in its original memorandum of decision and in its articulation of that decision, failed to cite any statute or to discuss or to state that it had considered the statutory criteria of General Statutes §§ 46b-81 and 46b-82. The court's only relevant conclusion was that the fault for the irretrievable breakdown of the marriage was that of the defendant. Although a court need not make express findings on each of the statutory criteria, or give equal weight to each of them, it should, at least, make some reference to the statute or statutes involved so that appellate courts will have guidance as to whether a court's discretion is being exercised properly. See Ippolito v. Ippolito, 28 Conn. App. 745, 612 A.2d 131, cert. denied, 224 Conn. 905, 615 A.2d 1047 (1992).