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Lowe v. Lowe
State: Connecticut
Court: Court of Appeals
Docket No: AC19019, AC19191
Case Date: 07/18/2000
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** NORMAN H. LOWE v. ANNE B. LOWE (AC 19019) (AC 19191)
Foti, Mihalakos and Spallone, Js. Argued May 5--officially released July 18, 2000

C. Michael Budlong and Campbell D. Barrett, for the appellant-appellee (defendant). Andrew J. Spinnell, with whom, on the brief, were Wendy A. Grispin and Sheldon A. Rosenbaum, for the appellee-appellant (plaintiff).
Opinion

SPALLONE, J. These consolidated appeals arise from the postjudgment financial orders of the trial court that stem from a 1993 judgment of dissolution in New Hampshire. In appeal no. 19019, the defendant, Anne B. Lowe, claims that the court, Owens, J., in fashioning new financial orders after the New Hampshire court's orders had been vacated, improperly adopted the terms of the parties' original stipulation for judgment, which had been set aside on the basis of fraud by the court, Axelrod, J. In appeal no. 19191, the plaintiff, Norman H. Lowe, claims that the court, Owens, J., improperly (1)

awarded alimony to the defendant in contravention of New Hampshire law and (2) failed to classify its alimony award as being periodic in nature. We affirm the judgment of the trial court. The following facts are relevant to the resolution of these appeals. Prior to dissolution of their twenty-three year marriage, the parties, who were residents of New Hampshire, entered into a stipulation for permanent orders wherein they agreed that the plaintiff would make alimony payments to the defendant for a period of five years in the amount of $2000 per month for the first two years and $1200 per month for the next three years, at which time the plaintiff's alimony obligation would terminate. The parties also agreed that the defendant would receive the entire net proceeds from the sale of the jointly owned marital residence and onehalf of the plaintiff's pension plan. The plaintiff filed a financial affidavit in conjunction with the stipulation. On January 26, 1993, the New Hampshire Superior Court entered judgment dissolving the marriage and establishing financial orders in accordance with the stipulation. The plaintiff subsequently moved to Connecticut. The defendant, believing that the plaintiff's financial affidavit did not accurately reflect his income and assets, filed the New Hampshire judgment in the Superior Court pursuant to General Statutes
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