BAILEY v. BAILEY, No. FST FA 05-4004054 S (Apr. 2, 2007)

DENNIS F. HARRIGAN, JUDGE TRIAL REFEREE.

C.G.S. § 46b-62 authorizes the court but does not mandate an award of reasonable attorneys fees payable by one parent to the other parent after considering their respective financial abilities and the criteria set forth in § 46b-82. In reviewing the evidence presented at the hearing the court concluded that insufficient evidence was introduced to convince the court that an award was appropriate.

The plaintiff has made no effort to obtain employment or to otherwise generate income since moving to Connecticut. The child is old enough for day care or preschool. Her present husband is a music teacher giving lessons at $90.00 per hour for eight or nine hours per week. The court finds that the husband is available to care for their child, thereby allowing the plaintiff the opportunity to work. Under the circumstances the court concluded the general American rule that each party bear the legal expense each incurs should apply.

CT Page 5287