Hendricks v. Haydu ( 2015 )


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    KIMBERLY HENDRICKS v. SANDOR
    ANTHONY HAYDU
    (AC 36333)
    DiPentima, C. J., and Keller and Mullins, Js.
    Argued May 11—officially released September 29, 2015
    (Appeal from Superior Court, judicial district of
    Stamford-Norwalk, S. Richards, J.)
    Alicia P. Chalumeau, with whom was Melissa A.
    Brescia, for the appellant (defendant).
    Jason P. Gladstone, for the appellee (plaintiff).
    Opinion
    DiPENTIMA, C. J. The defendant, Sandor Anthony
    Haydu, appeals from the judgment of the trial court
    granting in part the motion for modification of child
    support filed by the plaintiff, Kimberly Hendricks. On
    appeal, the defendant claims that the court improperly
    (1) excluded the plaintiff’s bonus income in calculating
    her gross income when modifying the child support
    award; (2) failed to deviate from the child support and
    arrearage guidelines (guidelines); and (3) ordered the
    defendant to pay the modified child support amount
    retroactive to the date of service of the plaintiff’s
    motion. We agree with the defendant’s first claim, and,
    accordingly, we reverse in part the judgment of the
    court.1
    The record reveals the following relevant facts and
    procedural history. The parties, who never married,
    have four children together.2 On August 17, 2011, the
    parties entered into a parenting agreement. On Novem-
    ber 29, 2011, the court, Malone, J., rendered judgment
    ordering the defendant to pay $95 per week in child
    support. On August 22, 2012, the plaintiff filed a motion
    for modification seeking, inter alia, an increase in child
    support due to the defendant’s change in employment
    status. The court, S. Richards, J., heard testimony on
    April 11, May 7, and June 5, 2013, from both parties, as
    well as the defendant’s witness, James Pierson, vice
    president for corporate human resources at Hexcel Cor-
    poration (Hexcel).
    At trial, the defendant introduced four exhibits rele-
    vant to the issues on appeal: (1) the plaintiff’s employ-
    ment offer letter from Hexcel; (2) the plaintiff’s 2012
    earnings summary; (3) the plaintiff’s 2013 earnings sum-
    mary through March 31, 2013; and (4) the plaintiff’s
    participant statement showing whether stock options
    had vested or would vest in the future.
    The offer letter provided that the plaintiff could par-
    ticipate in Hexcel’s deferred compensation plan, which
    consisted of a qualified 401(k) component and a non-
    qualified component. In this plan, the plaintiff could
    elect to defer receiving part of her base salary and
    annual bonus. The offer letter also explained that Hex-
    cel provided the plaintiff with two bonus plans. The
    management incentive compensation plan (MICP) was
    a cash bonus plan consisting of a ‘‘target cash incentive
    equal to 40% of [the plaintiff’s] annual base salary.’’ The
    long-term incentive plan (LTIP) was an equity bonus
    compensation plan consisting of stock options. The
    compensation range for this plan was between 44 per-
    cent to 66 percent of the plaintiff’s ‘‘then-current base
    pay . . . .’’ It paid out the LTIP in two forms of stock
    options, namely, restricted stock units (RSU) and per-
    formance restricted stock units (PRSU). Hexcel granted
    the RSU on the basis of how long the plaintiff continued
    employment with the company. The PRSU was a perfor-
    mance based stock bonus that would only be awarded
    if the performance criteria were met.
    The 2012 earnings summary showed that the plaintiff
    was compensated with her base salary, that she was
    awarded her MICP cash bonus, and that she deferred
    approximately $25,000 into the deferred compensation
    plan. The 2012 earnings summary revealed that the
    plaintiff was awarded RSUs but was not awarded
    PRSUs. The plaintiff’s 2013 earnings summary indicated
    that she received the annual MICP and LTIP bonuses.
    It also showed that she deferred approximately
    $100,000 into the deferred compensation plan. Finally,
    the plaintiff’s participant statement indicated the poten-
    tial income of her stock options. It reflected that thou-
    sands of various stock options would vest through
    2015.3
    While explaining the RSU, Pierson testified that the
    plaintiff’s 2012 earnings summary deduction column
    contained an entry that reflected ‘‘taxes that [were]
    taken from the [RSU] income that [was] received.’’
    (Emphasis added.) Also, when questioned about the
    ‘‘categories of income that [the plaintiff] receive[d] in
    addition to the base [salary],’’ Pierson testified that she
    received the MICP, LTIP, and deferred compensation.
    Moreover, in describing the RSU and PRSU, Pierson
    acknowledged that ‘‘[t]hose shares have an obvious eco-
    nomic value . . . which we calculate and it becomes
    W-2 income.’’ (Emphasis added.) However, regarding
    the nonqualified component of the deferred compensa-
    tion plan, Pierson explained that once the plaintiff
    deferred money from either her base salary or annual
    bonus into the nonqualified component of the plan, it
    became ‘‘an asset of the company.’’4
    Although the plaintiff’s bonuses were not guaranteed,
    she had received her MICP cash bonus every year of
    her employment and Pierson believed that the MICP
    and LTIP bonuses were in all ‘‘likelihood . . . [to] con-
    tinue into the future.’’ Indeed, Pierson testified that
    there was no ‘‘way to determine . . . the future of
    those potential payouts.’’ Reinforcing the fact that the
    bonuses were not guaranteed, the plaintiff testified that
    in 2012 Hexcel changed its bonus structure making it
    ‘‘more difficult to receive the higher bonuses.’’5
    On November 14, 2013, the court issued its memoran-
    dum of decision.6 The court found that the plaintiff
    was employed by Hexcel since September, 2009, with
    a current annual base salary of $274,735. The court also
    found that ‘‘the plaintiff ha[d] the potential to receive
    . . . two types of bonuses,’’ one type in the form of a
    cash bonus and the other type in the form of stock
    options that ‘‘vest over several years and are valued as
    of the date of vesting.’’ As to the defendant, the court
    found that he was unemployed from September, 2011
    to April, 2012, when he was hired as a controller in a
    New York City bakery. His annual salary was $85,000.
    Pursuant to § 46b-215a-1 et seq. of the Regulations
    of Connecticut State Agencies, both parties submitted
    worksheets calculating their respective support obliga-
    tions. The court rejected the parties’ worksheets and
    prepared its own worksheet ‘‘based on the actual
    income figures of the parties as set forth in their respec-
    tive financial affidavits . . . .’’7 Without expressly find-
    ing the gross income for either party, the court
    calculated the plaintiff’s net weekly income to be $3402
    and the defendant’s to be $1090. The parties’ combined
    net weekly income, then, was $4492, of which 75.73
    percent was attributed to the plaintiff and 24.27 percent
    was attributed to the defendant.8 Pursuant to the guide-
    lines, the court found the presumptive minimum child
    support obligation to be $686 per week. See Fox v. Fox,
    
    152 Conn. App. 611
    , 623, 
    99 A.3d 1206
    , cert. denied, 
    314 Conn. 945
    , 
    103 A.3d 977
    (2014). Thereafter, the court
    ordered the defendant to pay $166 per week in child
    support, i.e., his 24.27 percent share of the total support.
    The court also ordered, inter alia, the child support
    payment retroactive to the date of the plaintiff’s service
    of the motion. This appeal followed.
    On appeal, the defendant claims that the court erred
    in calculating the plaintiffs gross income. Specifically,
    he argues that the court erred by not ‘‘recogniz[ing]
    the evidence adduced at trial showing that the plaintiff
    received [a bonus] award for every year of her employ-
    ment . . . .’’ We agree.
    We first set forth the standard of review and applica-
    ble law governing the defendant’s claim. ‘‘An appellate
    court will not disturb a trial court’s orders in domestic
    relations cases unless the court has abused its discre-
    tion or it is found that it could not reasonably conclude
    as it did, based on the facts presented. . . . In
    determining whether a trial court has abused its broad
    discretion in domestic relations matters, we allow every
    reasonable presumption in favor of the correctness of
    its action. . . . Notwithstanding the great deference
    accorded . . . a trial court’s ruling . . . may be
    reversed if, in the exercise of its discretion, the trial
    court applies the wrong standard of law.’’ (Internal quo-
    tation marks omitted.) Misthopoulos v. Misthopoulos,
    
    297 Conn. 358
    , 372, 
    999 A.2d 721
    (2010).
    ‘‘[General Statutes §] 46b-86 governs the modification
    or termination of . . . [a] support order after the date
    of . . . judgment. . . . [T]he applicable provision of
    the statute is § 46b-86 (a), which provides that a final
    order for . . . [child support] may be modified by the
    trial court upon a showing of a substantial change in
    the circumstances of either party. . . .
    ‘‘Once a trial court determines that there has been a
    substantial change in the financial circumstances of
    one of the parties, the same criteria that determine an
    initial award of . . . support are relevant to the ques-
    tion of modification. . . . More specifically, these cri-
    teria, as outlined in General Statutes § [48b-84], require
    the court to consider the needs and financial resources
    of each of the parties and their children . . . .
    ‘‘Thus, [w]hen presented with a motion for modifica-
    tion, a court must first determine whether there has
    been a substantial change in the financial circumstances
    of one or both of the parties. . . . Second, if the court
    finds a substantial change in circumstances, it may
    properly consider the motion and, on the basis of the
    § [46b-84] criteria, make an order for modification.’’
    (Internal quotation marks omitted; footnotes omitted.)
    Fox v. 
    Fox, supra
    , 
    152 Conn. App. 619
    –21.
    In a child support proceeding, the court must fashion
    its initial financial orders in accordance with criteria
    contained in § 46b-84 (d).9 See also Bartel v. Bartel, 
    98 Conn. App. 706
    , 711, 
    911 A.2d 1134
    (2006) (acknowledg-
    ing that § 46b-84 (d) ‘‘require[s] consideration of the
    parties’ ‘amount and sources of income’ in determining
    the appropriate . . . size of any child support . . .
    award’’). The legislature also created a commission to
    ‘‘issue child support and arrearage guidelines to ensure
    the appropriateness of criteria for the establishment of
    child support awards . . . .’’ General Statutes § 46b-
    215a (a); see also General Statutes § 46b-215b (a) (‘‘[t]he
    child support and arrearage guidelines issued pursuant
    to section 46b-215a . . . shall be considered in all
    determinations of child support award amounts’’).
    The primary purposes of the guidelines include: ‘‘To
    provide uniform procedures for establishing an ade-
    quate level of support for children . . . subject to the
    ability of parents to pay . . . [t]o make awards more
    equitable by ensuring the consistent treatment of per-
    sons in similar circumstances . . . [and] [t]o improve
    the efficiency of the court process . . . by giving
    courts and the parties guidance in setting the levels
    of awards.’’ Child Support and Arrearage Guidelines
    (2015), preamble, § (c) (1) through (3), p. v. Importantly,
    the guidelines are based on the income shares model,
    which ‘‘presumes that the child should receive the same
    proportion of parental income as he or she would have
    received if the parents lived together.’’ 
    Id., § (d),
    p. v;
    see also Unkelbach v. McNary, 
    244 Conn. 350
    , 360, 
    710 A.2d 717
    (1998) (recognizing public policy advanced by
    guidelines to ‘‘[account] for all income that would have
    been available to support the children had the family
    remained intact’’).
    The guidelines define gross income as the ‘‘average
    weekly earned and unearned income from all sources
    before deductions . . . .’’ (Emphasis added.) Regs.,
    Conn. State Agencies § 46b-215a-1 (11). Gross income
    includes, inter alia: ‘‘salary . . . commissions, bonuses
    and tips . . . [and] profit sharing, deferred compensa-
    tion and severance pay . . . .’’ 
    Id., § 46b-215a-1
    (11)
    (A) (i), (iii)–(iv). Net income is defined as ‘‘gross income
    minus allowable deductions.’’ 
    Id., § 46b-215a-1
    (17).
    The guidelines also permit courts, in appropriate
    cases, to enter ‘‘a supplemental order . . . to pay a
    percentage of a future lump sum payment, such as a
    bonus. Such supplemental orders may be entered only
    when: (i) such payment is of an indeterminate amount;
    and (ii) the percentage is generally consistent with the
    [guidelines] schedule . . . .’’ Regs., Conn. State Agen-
    cies § 46b-215a-2b (c) (1) (B). ‘‘A supplemental order
    treats the unknown future lump sum payment sepa-
    rately from the basic current support order and is
    intended to account only for those instances in which
    the parties have knowledge of an anticipated future
    lump sum payment of an unknown amount, such as a
    bonus.’’ (Internal quotation marks omitted.) Gentile v.
    Carneiro, 
    107 Conn. App. 630
    , 643, 
    946 A.2d 871
    (2008).
    However, our Supreme Court has stated that it broadly
    interprets the ‘‘definition of gross income contained in
    the guidelines to include items that, in effect, increase
    the amount of a parent’s income that is available for
    child support purposes.’’ (Emphasis added.) Unkelbach
    v. 
    McNary, supra
    , 
    244 Conn. 360
    ; see also Tuckman v.
    Tuckman, 
    308 Conn. 194
    , 213–14, 
    61 A.3d 449
    (2013)
    (remanding ‘‘the . . . case for a determination of what
    portion of the defendant’s income was available income
    for purposes of fashioning . . . child support orders’’).
    With these principles in mind, we turn to the plain-
    tiff’s argument. The plaintiff relies on Maturo v. Maturo,
    
    296 Conn. 80
    , 
    995 A.2d 1
    (2010), primarily for the propo-
    sition that when annual bonus income fluctuates, it
    should be excluded from the gross income calculation.
    Therefore, the plaintiff argues, under Maturo the court
    properly excluded her bonuses from the gross income
    calculation. Specifically, the plaintiff focuses on the
    court’s conclusion in Maturo that ‘‘[w]hen there is a
    proven, routine consistency in annual bonus income,
    as when a bonus is based on an established percentage
    of a party’s steady income, an additional award of child
    support that represents a percentage of the net cash
    bonus also may be appropriate if justified by the needs
    of the child. When there is a history of wildly fluctuating
    bonuses, however, or a reasonable expectation that
    future bonuses will vary substantially . . . an award
    based on a fixed percentage of the net cash bonus is
    impermissible unless it can be linked to the child’s
    characteristics and demonstrated needs.’’ (Emphasis in
    original.) 
    Id., 106. The
    plaintiff’s reliance on Maturo is misplaced. In
    Maturo, the trial court made a finding regarding the
    value of the defendant’s annual bonus income. 
    Id., 85. There
    the trial court abused its discretion, as explained
    by our Supreme Court, in awarding an ‘‘open-ended
    child support award of 20 percent, rather than 15.89
    percent or less, of the defendant’s variable bonus
    [because that award] violat[ed] the guideline principles
    that a declining percentage of the combined net family
    income should be awarded as the income level rises
    and that the percentage of any future bonus allocated
    for child support should be ‘generally consistent’ . . .
    with the percentages established in the schedule in
    order to ensure consistency, uniformity and equity in
    the treatment of persons in such circumstances.’’ (Cita-
    tion omitted.) 
    Id., 97. Maturo,
    therefore, does not stand
    for the proposition that when bonus income fluctuates
    it should be excluded when calculating a parent’s gross
    income to fashion a child support award.
    The court in this case made no findings as to whether
    any of the plaintiff’s bonus income, i.e., her MICP, LTIP,
    or deferred compensation, could be used to calculate
    her gross income. Pierson testified that the plaintiff had
    elected in past years to defer part of her base salary or
    annual cash bonus into Hexcel’s deferred compensation
    plan, that the LTIP stock options had ‘‘obvious eco-
    nomic value . . . [which] becomes W-2 income,’’ and
    that the MICP cash bonus had been awarded to the
    plaintiff every year since 2009, and, in all ‘‘likelihood,’’
    the bonuses would continue in the future. Pierson did
    note that these bonuses were not guaranteed. Neverthe-
    less, bearing in mind that the guidelines promote the
    principle that a ‘‘child should receive the same propor-
    tion of parental income as he or she would have
    received if the parents lived together;’’ Child Support
    and Arrearage Guidelines (2015), preamble, § (d), p. v;
    the fact that the plaintiff’s bonuses are not guaranteed
    does not mean that a court should disregard them as
    a substantial source of income. Simply put, the court
    should have made a finding as to whether the plaintiff’s
    bonus income was available for inclusion in the calcula-
    tion of her gross income for the purpose of modifying
    child support.
    The plaintiff’s reliance on Tuckman v. 
    Tuckman, supra
    , 
    308 Conn. 194
    , is also misplaced. In Tuckman,
    our Supreme Court addressed a defendant’s claim that
    ‘‘the trial court improperly determined that her sub-
    chapter S allocated income should be included in her
    annual net income. Specifically, the defendant
    [asserted] that the trial court improperly relied on her
    personal tax returns showing the taxable income of an
    S corporation of which she [was] a shareholder. The
    defendant claim[ed] that the trial court improperly
    relied on that income in determining alimony and child
    support, despite the fact that it was not available to
    her.’’ 
    Id., 208–209. The
    court in Tuckman examined the
    defendant’s tax returns and noted that ‘‘a substantial
    portion of her taxable income for the years 2005 and
    2006 was income from her share of the S corporation
    . . . .’’ 
    Id., 209. Because
    an S corporation’s ‘‘capital
    gains and losses, for federal income tax purposes, pass
    through [it] to the individual shareholders . . . any fed-
    eral income tax liability on capital gains is the responsi-
    bility of the individual shareholder. . . . All of the
    earnings of such a company must be reported as individ-
    ual income by its [shareholders].’’ (Citation omitted;
    internal quotation marks omitted.) 
    Id., 209–10. In
    Tuck-
    man, our Supreme Court noted the ‘‘[t]he trial court
    did not . . . make any finding as to what portion of
    the income reported on her tax returns was actually
    available to the defendant and what portion was merely
    ‘[pass] through earnings’ of the S corporation. In fact,
    the defendant’s testimony at trial indicated that none
    of the shareholder taxable income was available to her,
    but was retained by the corporation for investment. She
    testified that only her salary of approximately $85,000
    was available income.’’ 
    Id., 210. Because
    ‘‘[t]he trial
    court did not make any findings as to the particular
    facts or circumstances of the S corporation of which
    the defendant was a shareholder,’’ our Supreme Court
    in Tuckman remanded the case for a ‘‘determination
    of what portion of the defendant’s income was available
    income for purposes of fashioning . . . child support
    orders.’’ (Emphasis added.) 
    Id., 213–14. Through
    Tuckman, the plaintiff advances the notion
    that a court ‘‘should not presume that all deferred
    income or pass through income [is to] be used in the
    child support calculations.’’ Indeed, a court should not
    make the presumption the plaintiff cautions against.
    The plaintiff’s argument, however, misses the crucial
    point. Tuckman teaches us that a court should deter-
    mine what portion of a parent’s income from bonuses
    is available income to fashion a child support order.10
    See 
    id., 213–14. Therefore,
    Tuckman in fact contradicts
    the plaintiff’s position.
    After a careful review of the record, including the
    exhibits submitted by both parties, we conclude that
    the court abused its discretion by failing to make any
    findings on how—if at all—the plaintiff’s bonuses
    should be calculated for the purpose of fashioning child
    support orders. The guidelines clearly include bonus
    and deferred compensation in the definition of ‘‘gross
    income.’’ Regs., Conn. State Agencies § 46b-215a-1 (11)
    (A). A court must consider ‘‘earned and unearned
    income from all sources’’ in calculating gross income
    to fashion child support obligations. (Emphasis added.)
    
    Id., § 46b-215a-1
    (11). Therefore, we conclude that the
    court was obligated to make findings as to whether the
    plaintiff’s bonuses constituted ‘‘income that would have
    been available to support the children had the family
    remained intact.’’ Unkelbach v. 
    McNary, supra
    , 
    244 Conn. 360
    .
    Despite the evidence of bonuses consistently being
    received by the plaintiff since 2009, the court made
    no finding as to whether the plaintiff’s bonuses were
    available as income for the purpose of modifying the
    child support award. Rather, the court calculated the
    combined net weekly income based on the parties’ base
    salaries and applied the result to the schedule. See
    Regs., Conn. State Agencies § 46b-215a-2b (f) (schedule
    of basic child support obligations). Because the court
    failed to make any findings regarding whether the plain-
    tiff’s bonuses were available income, we can only specu-
    late as to whether the bonus income is too
    indeterminate and should not be included as gross
    income. See Gentile v. 
    Carneiro, supra
    , 
    107 Conn. App. 641
    –42 (‘‘the regulations make clear that only income
    with a reasonably ascertainable value may be included
    in gross income’’). Therefore, we conclude that the
    court abused its discretion by modifying a child support
    order without determining whether the plaintiff’s
    bonuses constituted income that should have been con-
    sidered in the court’s calculations. See Harlow v. Stick-
    les, 
    151 Conn. App. 204
    , 212–13, 
    94 A.3d 706
    (2014)
    (reversing modification of financial orders and
    remanding case for trial court’s failure to consider ‘‘the
    defendant’s auto allowance in its calculation of his
    income’’).
    The judgment is reversed only as to the order modi-
    fying child support, which includes the orders with
    respect to unreimbursed medical and childcare percent-
    ages, and the case is remanded for further proceedings
    consistent with this opinion.
    In this opinion the other judges concurred.
    1
    Because we reverse the court’s judgment and remand the case for recon-
    sideration of all the financial orders, we need not reach the defendant’s
    other two claims.
    2
    The support of only three children is at issue in this case because the
    eldest child had reached the age of majority.
    3
    At trial, the following exchange occurred between the defendant’s coun-
    sel and Pierson, explaining the type and quantity of the plaintiff’s stocks
    that were vesting in the following years:
    ‘‘[The Defendant’s Counsel]: For 2014 will there be any awards that will
    vest in that calendar year?
    ‘‘[Pierson]: Yes.
    ‘‘[The Defendant’s Counsel]: How many stocks will vest in 2014?
    ‘‘[Pierson]: [T]here will be . . . 3120 options that will vest on January
    31st. There will be 2300 that will vest on January 30th. And there will be
    1636 that will vest on January 28th.
    ‘‘[The Defendant’s Counsel]: And that is in 2014?
    ‘‘[Pierson]: That’s correct. And then on restricted [stock] units there will
    be 627 lapsing on January 31st. . . . I believe it is 480 on January 30th of
    2014. And it looks like 442 in 2014. And then on performance restricted stock
    units . . . it would be 1882 performance restricted stock units in 2014.’’
    ***
    ‘‘[The Defendant’s Counsel]: And for 2015, can you tell me how many
    stocks will vest for 2015? And this is the last year. . . .
    ‘‘[Pierson]: Okay, 1636 options will vest in 2015. And then a separate
    tranche of options, 2301, will vest January 30, 2015. With respect to restricted
    stock, 441 shares will vest in 2015. And then a separate tranche of 400—it
    looks like 81—will vest in 2015. And then with respect to performance
    restricted stock, it looks like 1482 will vest in 2015.’’
    4
    The following exchange occurred between the court and Pierson, who
    explained how Hexcel’s nonqualified plan operated:
    ‘‘The Court: So you are saying this nonqualified retirement deferred com-
    pensation plan is not owned by the plaintiff until when? What conditions
    have to be met before it is vested in the ownership of the plaintiff? . . .
    ‘‘[Pierson]: The nonqualified plan is permitted to exist, and as a condition
    the assets of the employee have to have a substantial risk of forfeiture. That
    is how you get these plans created. Now that substantial risk of forfeiture
    can be mitigated somewhat. If the company were to be acquired . . . in a
    hostile takeover and . . . new management . . . decided that they were
    going to take an account balance and use it to buy a company check . . . .
    That is not permitted under the terms under which this nonqualified plan
    exists, because we have what is called a rabbi trust that affords the partici-
    pants protection in that event.
    ‘‘The Court: Okay.
    ‘‘[Pierson]: If, on the other hand, Hexcel Corporation were to go into
    receivership or into bankruptcy, the money in all of these accounts would
    be subject to the claims of creditors, and the assets are not protected in
    the event that that would occur.
    ‘‘The Court: Unlike a traditional qualified 401(k) where you have the pro-
    tection?
    ‘‘[Pierson]: Correct.’’
    We note that ‘‘[a] rabbi trust, so called because its tax treatment was first
    addressed in an [Internal Revenue Service] letter ruling on a trust for the
    benefit of a rabbi, Private Letter Ruling 8113107 (Dec. 31, 1980); see also
    IRS General Counsel Memorandum 39230 (Jan. 20, 1984), is a trust created
    by a corporation or other institution for the benefit of one or more of its
    executives (the rabbi, in the IRS’s original ruling).’’ Bank of America, N.A.
    v. Moglia, 
    330 F.3d 942
    , 944 (7th Cir. 2003); see also Synovius Trust Co.,
    N.A. v. Bill Heard Enterprises, Inc. (In re Bill Heard Enterprises, Inc.),
    
    419 B.R. 858
    , 864–65 (Bankr. N.D. Ala. 2009) (‘‘A rabbi trust, ‘an irrevocable
    trust for deferred compensation,’ is one mechanism commonly used to set
    aside deferred compensation amounts without jeopardizing the ‘unfunded
    status’ of a [deferred compensation] plan. Funds held in a rabbi trust ‘are
    out of reach of the employer, but are subject to the claims of the employer’s
    creditors in the event of bankruptcy or insolvency.’ ’’ [Footnote omitted.])
    5
    The plaintiff conceded that it was possible to achieve a bonus if the new
    performance criteria were met.
    6
    The memorandum of decision also disposed of the parties’ motions for
    contempt. Neither party has challenged the propriety of those determinations
    on appeal, and, therefore, only the motion for modification is before this
    court.
    7
    The court found that both parties’ worksheets contained inconsistencies
    ‘‘skewed to support their respective arguments for a deviation or adjustment
    in their favor.’’ The court acted within its discretion in rejecting the work-
    sheets. McKeon v. Lennon, 
    155 Conn. App. 423
    , 435, 
    109 A.3d 986
    (‘‘[a]s it
    is the exclusive province of the trier of fact to resolve credibility determina-
    tions, the court properly determined that the plaintiff’s financial affidavit
    should be given little weight, given the various inconsistencies it found’’),
    cert. granted on other grounds, 
    317 Conn. 901
    (2015).
    8
    Due to a scrivener’s error, the memorandum of decision incorrectly
    states that the parties’ combined net weekly income totaled $4490.
    9
    General Statutes § 46b-84 (d) provides: ‘‘In determining whether a child
    is in need of maintenance and, if in need, the respective abilities of the
    parents to provide such maintenance and the amount thereof, the court
    shall consider the age, health, station, occupation, earning capacity, amount
    and sources of income, estate, vocational skills and employability of each
    of the parents, and the age, health, station, occupation, educational status
    and expectation, amount and sources of income, vocational skills, employ-
    ability, estate and needs of the child.’’ (Emphasis added.) Section 46b-84
    (f) was recently amended by No. 15-69, § 42, of the 2015 Public Acts (effective
    June 19, 2015). This amendment is unrelated to any issue presented in
    this case.
    10
    Analogous to the pass through income at issue in Tuckman, the plaintiff
    testified that, even though some of the stocks had vested and were consid-
    ered taxable income, she did not ‘‘cash out’’ $178,000 worth of stock options
    and did not have access to the money because it was ‘‘held in [Hexcel’s]
    account.’’ The plaintiff conceded, however, that she could have ‘‘[l]egally
    . . . cashed out the stock,’’ but she refrained from doing so because she
    required ‘‘special clearance’’ and was ‘‘[discouraged] . . . from doing it
    because it looks bad to the [c]ompany if [e]xecutives are cashing in their
    stock.’’