Kirwan v. Kirwan , 185 Conn. App. 713 ( 2018 )


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    CHELSEA CHAPMAN KIRWAN
    v. LAURENCE KIRWAN
    (AC 40008)
    (AC 40047)
    Sheldon, Prescott and Bear, Js.
    Syllabus
    The defendant appealed to this court from the judgments of the trial court
    dissolving his marriage to the plaintiff and ordering him to make a lump
    sum payment to her of $91,000 to satisfy a child support arrearage. The
    court had approved an agreement by the parties to enter into binding
    mediation/arbitration as to, inter alia, alimony and the division of marital
    property. The issue of child support was reserved to the court in accor-
    dance with the parties’ agreement and as required by statute (§ 52-408).
    The arbitrator made several factual findings in her award, including a
    determination that the defendant’s annual gross income was approxi-
    mately $400,000 per year. The trial court rendered judgment dissolving
    the marriage and incorporated the arbitrator’s award into the dissolution
    judgment. Thereafter, the court conducted an evidentiary hearing as to
    child support and found, inter alia, that the defendant’s gross annual
    income was $560,637 for the purpose of calculating his child support
    obligation. The court ordered him to make weekly child support pay-
    ments and credited him for having made certain postjudgment child
    support payments. Subsequently, the court denied a motion for contempt
    filed by the plaintiff as to the child support arrearage, but ordered the
    defendant to make the $91,000 lump sum payment. Held:
    1. The defendant could not prevail on his claim that the trial court, in making
    its child support award, was bound by the arbitrator’s finding that his
    gross annual income was $400,000 and, thus, that the court’s finding of
    $560,637 was clearly erroneous: the arbitrator’s finding of gross income,
    which was made in the context of determining alimony, was not entitled
    to preclusive effect in the court’s adjudication of child support, as the
    provision in § 52-408 that excludes from arbitration issues related to
    child support is broad, the absence of qualifying language conveyed the
    legislature’s intent to render inarbitrable all issues, legal and factual,
    that pertain to child support, and the defendant offered no analysis of
    § 52-408 in asserting that the arbitrator’s finding should have been bind-
    ing on the court in determining his child support obligation; moreover,
    even if the exclusionary provision of § 52-408 were not clear and unam-
    biguous, this court’s interpretation was consistent with extrinsic evi-
    dence of the legislature’s intent, and it would be inconsistent with
    concerns for the best interests of children to permit issues related to
    child support to be resolved conclusively in arbitration, which is a
    nonjudicial forum outside the control of our courts, as that would consti-
    tute an impermissible delegation of judicial authority.
    2. The trial court’s finding that the defendant earned $400,000 in gross income
    from employment was not clearly erroneous; that court reasonably could
    have determined that the defendant’s gross income from employment
    was at least $400,000, as the plaintiff, who had worked as the business
    administrator for the defendant’s medical practice, testified that the
    defendant had income from the medical practice, from consulting for
    medical companies and from teaching, and the defendant disclosed on
    a credit application in connection with an automobile lease that his
    gross annual income from employment was $400,000.
    3. The defendant’s claim that the trial court improperly determined the
    amount of gross rental income that he received from property that was
    awarded to him was unavailing, as a sufficient evidentiary basis existed
    for the court’s finding; although the court utilized a rental income chart
    that had not been admitted into evidence, the chart contained numbers
    that reflected those in the defendant’s 2015 tax return, which had been
    admitted into evidence, the figures on the chart were easily verified by
    comparing them with those on the tax return, and the court properly
    omitted from its calculation two of the defendant’s properties that had
    generated substantial losses, as those properties were sold prior to the
    child support hearing and the defendant failed to explain why it would
    be improper for the court to consider only properties that would generate
    income in the future in calculating income on which to base his prospec-
    tive child support obligations.
    4. The defendant could not prevail on his claim that the trial court abused
    its discretion in calculating his gross income when it failed to take into
    account his payment of life insurance premiums; that court had no
    evidentiary basis from which to calculate a credit against the defendant’s
    income for a life insurance policy to benefit the children, as he never
    provided the court with a breakdown of the premium payments for life
    insurance that he disclosed on his financial affidavits, and although he
    indicated on his financial affidavit a monthly personal expense for life
    insurance, he listed no details of the policies’ beneficiaries or the pre-
    mium payments per policy.
    5. The trial court did not abuse its discretion in rendering its child support
    order, as the order was consistent with the criteria established by statute
    (§ 46b-84 [d]) and within the range between the minimum and maximum
    support amounts established by the child support guidelines, and
    because no deviation from the guidelines occurred, the court was not
    required to provide any additional explanation for its decision.
    6. The defendant’s claim that the trial court failed to credit the voluntary child
    support payments that he made during the child support proceedings
    was dismissed as moot: there was no practical relief that could be
    afforded to the defendant with respect to his claim that the court was
    obligated to subtract the amount of the voluntary payments from the
    amount of his arrearage, rather than providing him with credit for the
    voluntary payments by temporarily reducing his child support obliga-
    tions, as the defendant had reduced his weekly child support obligation
    in accordance with the court’s order and, thus, received full credit for
    his voluntary child support payments; moreover, even if the trial court
    abused its discretion in the manner in which it credited the voluntary
    payments, any decision by this court would be academic, as it would
    not alter the status quo, which was that the defendant received full
    credit for his voluntary payments.
    7. The defendant could not prevail on his claim that the trial court improperly
    ordered him to pay a lump sum to satisfy the child support arrearage,
    rather than permitting him to satisfy that arrearage on a weekly basis,
    as contemplated by the child support arrearage guidelines; the defendant
    failed to demonstrate that the arrearage guidelines were applicable to
    the lump sum order or that the court abused its discretion in ordering
    a lump sum payment, as the arrearage guidelines and the applicable
    state regulation (§ 46b-215a-3a [a]) reflect that the determination of lump
    sum payments is subject to the discretion of the court, and the court
    articulated that it ordered the lump sum payment because the defendant
    had the ability to pay, given his income and other finances, including
    the court’s release to him of $100,000, which had been held in escrow,
    to aid him in meeting his child support obligations.
    8. The defendant’s claim that the trial court should have dismissed, rather
    than denied, the plaintiff’s motion for contempt was not reviewable, the
    defendant having failed to raise that claim before the trial court; although
    the defendant had asked the trial court to deny the motion because he
    had not violated any clear and unambiguous order pertaining to the
    child support arrearage, he never asked the court to strike or dismiss
    the motion on the basis of legal or factual insufficiencies, or on the
    ground that it did not comply with our rules of practice.
    Argued May 30—officially released October 23, 2018*
    Procedural History
    Action for the dissolution of a marriage, and for other
    relief, brought to the Superior Court in the judicial dis-
    trict of Stamford-Norwalk, where the court, Tindill, J.,
    approved the agreement of the parties to enter into
    binding mediation/arbitration as to certain disputed
    matters; thereafter, the arbitrator issued an award and
    entered certain orders; subsequently, the arbitrator
    issued a clarification of the award; thereafter, the court
    granted the defendant’s motion to confirm the arbitra-
    tor’s award, and rendered judgment incorporating the
    arbitrator’s award and clarification, and dissolving the
    marriage and granting certain other relief; subsequently,
    the court issued certain orders; thereafter, the court
    denied the defendant’s motion to reargue and denied
    in part the defendant’s motion for clarification, and
    the defendant appealed to this court; subsequently, the
    court, Tindill, J., denied the plaintiff’s motion for con-
    tempt, and entered certain orders as to child support
    and attorney’s fees, and the defendant filed a second
    appeal; thereafter, the court, Tindill, J., issued an artic-
    ulation of its decision; subsequently, this court consoli-
    dated the appeals. Affirmed.
    Alan Scott Pickel, for the appellant (defendant).
    Joseph T. O’Connor, for the appellee (plaintiff).
    Opinion
    PRESCOTT, J. In these consolidated appeals arising
    out of a marital dissolution action, we must determine,
    inter alia, whether an arbitrator’s factual finding regard-
    ing the gross income of a party, which was made in
    the course of determining alimony and the equitable
    distribution of marital assets, is binding on the court
    with respect to its subsequent adjudication of child
    support, an issue that was statutorily and contractually
    excluded from the arbitration. We conclude that it was
    proper for the trial court to make its own independent
    findings regarding gross income, unfettered by the pre-
    vious findings of the arbitrator.
    The present appeals arose following the court’s Octo-
    ber 23, 2015 judgment dissolving the marriage of the
    plaintiff, Chelsea Chapman Kirwan, and the defendant,
    Laurence Kirwan. The judgment incorporated by refer-
    ence a pendente lite arbitration award that had resolved
    most of the issues raised in the dissolution action,
    including alimony, the distribution of marital assets,
    and the enforceability of a premarital agreement. Both
    the parties’ arbitration agreement and the arbitrator’s
    award, however, expressly reserved for the Superior
    Court resolution of issues related to custody and child
    support.1 Following an evidentiary hearing, the court,
    on December 7, 2016, issued child support orders,
    which, by agreement of the parties, were made retroac-
    tive to the date of the dissolution judgment. The defen-
    dant appeals from those child support orders (AC
    40008). The defendant also appeals from a subsequent
    remedial order that the court issued in response to a
    motion for contempt and that required the defendant
    to make a $91,000 lump sum payment to the plaintiff
    to satisfy a child support arrearage resulting from the
    court’s December 7, 2016 order making his child sup-
    port obligation retroactive to October 23, 2015 (AC
    40047).2
    The defendant claims on appeal that the court
    improperly (1) failed to adhere to the arbitrator’s factual
    findings regarding his gross income, as set forth in the
    arbitrator’s award, despite the fact that the court incor-
    porated the arbitrator’s award by reference into the
    dissolution judgment; (2) found that his gross income
    from employment was $400,000; (3) calculated his gross
    rental income from property awarded to him as part of
    the division of marital assets; (4) failed to take into
    consideration his payments of premiums for life insur-
    ance policies for the benefit of his children;3 (5) failed
    to explain why the plaintiff was entitled to support
    payments that exceeded the child support guidelines’
    minimum presumptive amount; (6) gave prospective
    credit for voluntary child support payments made dur-
    ing the pendency of the child support hearings rather
    than crediting them against the lump sum arrearage;
    (7) ordered a lump sum repayment of the child support
    arrearage rather than permitting repayment on a peri-
    odic basis as contemplated by the child support arrear-
    age guidelines; and (8) failed to dismiss the plaintiff’s
    motion for contempt rather than considering the merits
    of the motion. We conclude that the defendant’s claim
    regarding the manner in which he was credited for
    voluntary child support payments is moot because there
    is no practical relief that we could order in light of the
    fact that he has received full credit for such payments,
    and that the arguments advanced in support of the
    remainder of the defendant’s claims are unpersuasive.
    Accordingly, we affirm the judgments of the court.
    The following facts and procedural history are rele-
    vant to our resolution of these appeals.4 The parties
    were married in 2001. The defendant is a plastic surgeon
    with offices in New York, Norwalk, and London, as well
    as a consultant and a professor of plastic surgery. The
    plaintiff is college educated and worked in pharmaceuti-
    cal sales until shortly after she married the defendant, at
    which time she worked for the defendant in his medical
    practice. The parties have three minor children
    together, one of whom has special needs.5 Prior to their
    marriage, the parties entered into a premarital
    agreement that, in relevant part, limited the plaintiff’s
    alimony in the event of divorce to $50,000 a year for
    five years and allocated 45 percent of the value of the
    marital home to the plaintiff as her share of marital
    property. In September, 2012, the plaintiff initiated an
    action to dissolve the parties’ marriage.
    On May 26, 2015, the court, Tindill, J., approved an
    agreement by the parties to enter into binding media-
    tion/arbitration of the dissolution action.6 Pursuant to
    the parties’ arbitration agreement, which was made an
    order of the court, ‘‘[t]he parties agree[d] that the fol-
    lowing issues in their action for dissolution of marriage
    shall be the subject of mediation and, if the parties are
    unable to resolve these issues via mediation, to binding
    arbitration . . . .’’ The list of issues to be resolved in
    arbitration included the validity and enforceability of
    the premarital agreement; the validity of an alleged
    rescission of that premarital agreement; a determina-
    tion of alimony in accordance with General Statutes
    § 46b-82; an equitable division of marital property,
    assets, and liabilities pursuant to General Statutes
    § 46b-81; division of attorney’s fees and guardian ad
    litem fees; and any other relief deemed appropriate by
    the arbitrator ‘‘except as it pertains to child custody
    and issues of child support.’’
    On August 4, 2015, the arbitrator, former Superior
    Court Judge Elaine Gordon, issued her arbitration
    award. As a preliminary matter, the arbitrator deter-
    mined that the parties’ premarital agreement was
    unconscionable, and thus unenforceable, due to ‘‘the
    present, uncontemplated circumstances’’ of the par-
    ties.7 The arbitrator issued a number of orders regarding
    alimony and the distribution of marital assets, including
    an order directing the sale of the marital home. In sup-
    port of her orders, the arbitrator made several factual
    findings, including that ‘‘[t]he defendant’s annual
    [gross] income is found to be approximately $400,000
    per year based on his income tax returns, business
    financial statements and the information he has pro-
    vided to lending institutions on his applications.’’ As
    previously noted, the arbitration award indicated that
    ‘‘[t]he issues of custody, access, child support, mainte-
    nance and cost of medical insurance for minor children
    and unreimbursed medical expenses are reserved to
    the Connecticut Superior Court.’’8
    On September 1, 2015, the defendant filed a motion
    asking the court to confirm the arbitration award and
    to render judgment dissolving the parties’ marriage in
    accordance with the arbitration award. On that same
    date, the plaintiff filed a motion asking the court to
    issue orders on the unresolved matters of child support
    and postsecondary educational expenses. Neither party
    filed an objection to the other party’s motion, and the
    matters were set down for a hearing on October 23,
    2015. At that time, the court rendered a judgment of
    dissolution of marriage that incorporated by reference
    the arbitration award and subsequent clarification.9 The
    parties agreed that the court would determine the defen-
    dant’s child support obligations, including the issue of
    unreimbursed medical expenses and child care, after an
    evidentiary hearing, and that child support obligations
    would be made retroactive to the date of dissolution.
    The court conducted an evidentiary hearing on the
    issue of child support and on certain other postjudg-
    ment motions of the parties beginning on December
    23, 2015, and continuing to January 22, May 25, June
    20 and June 29, 2016. Both parties were present at
    all hearings and represented by counsel. Both parties
    testified and submitted a number of exhibits into
    evidence.
    On December 7, 2016, the court issued a memoran-
    dum of decision regarding child support. The court indi-
    cated that it carefully had reviewed the parties’ various
    claims for relief, memoranda in support thereof, trial
    briefs, replies, evidence, testimony, relevant rules, stat-
    utory authority, case law, and the arguments of counsel.
    The court made a number of credibility determinations
    and factual findings, including that neither party ‘‘was
    credible regarding their expenses for the children’’ and
    that ‘‘[t]he defendant’s testimony and evidence regard-
    ing his sources of income was not credible.’’ The court
    found that, ‘‘[b]ased on the credible evidence before
    the court, the defendant has a gross annual income of
    $560,637—$400,000 gross income from employment as
    Dr. K Services, P.C., plus $160,637 of rental income
    from various real estate investments.’’ The court also
    found that ‘‘[t]he parties’ combined net weekly income
    is $7990’’ and, thus, that ‘‘[t]he parties’ net weekly
    income exceeds the $4000 limit contained within the
    child support guidelines.’’ The court calculated that
    ‘‘[f]or three children, the presumptive amount of child
    support is between $824 and $1564 per week . . . .’’10
    The court ordered that the defendant ‘‘shall pay
    $1500.00 per week in child support for the parties’ three
    children, retroactive to October 23, 2015 . . . .’’
    (Emphasis added.) The court also ordered that the
    plaintiff is responsible for 25 percent of any unreim-
    bursed medical expenses and child care, and the defen-
    dant is responsible for the remaining 75 percent.
    Moreover, ‘‘[t]he [d]efendant shall be given credit for
    the $18,432.41 in voluntary, postjudgment child support
    payments made from the date of the dissolution through
    June 30, 2016.’’ The court instructed the defendant that
    if he claimed any additional support payments after
    June 30, 2016, he should provide the plaintiff’s counsel
    with proof of those payments within one week of the
    court’s order. The court stated that credit for the volun-
    tary support payments ‘‘shall be in the form of a deduc-
    tion from current support in equal payments over the
    course of one year.’’ (Emphasis added.) In other words,
    given that there are fifty-two weeks in a year, the defen-
    dant would be entitled to reduce his $1500 child support
    obligation each week for the first year by an amount
    equal to one fifty-second of his total voluntary postjudg-
    ment child support payments. Finally, the court ordered
    that the defendant ‘‘shall continue to provide and main-
    tain health, dental, and vision insurance for the minor
    children,’’ and ‘‘shall maintain insurance on his life in
    the amount of $2,000,000, naming the three minor chil-
    dren as equal beneficiaries, for as long as he has a child
    support obligation to the twins.’’
    On December 23, 2016, the defendant filed a motion
    to reargue the court’s December 7, 2016 decision in
    which he claimed that the court had miscalculated his
    income for purposes of the support orders. Specifically,
    he argued that the arbitrator had found his gross annual
    income to be $400,000, the court had adopted that find-
    ing in its judgment of dissolution when it incorporated
    the arbitration award therein and, therefore, ‘‘the court
    should not have added on top of that figure rental
    income that was already included in the total annual
    income finding of $400,000.’’11 Furthermore, he argued
    that the court had failed to reduce his net income by the
    amount he had paid in premiums for the life insurance
    policy benefiting the children. The court denied the
    motion to reargue on December 29, 2016, without com-
    ment. The defendant also filed a motion for clarification
    requesting, inter alia, that the court set forth ‘‘the man-
    ner and method’’ it used to calculate the defendant’s
    gross income. The court denied that motion in part.
    On December 12, 2016, the plaintiff filed a motion
    for contempt claiming that a child support arrearage
    of $91,000 existed because the court had made the
    defendant’s child support obligation retroactive to the
    date of dissolution. The plaintiff argued that the defen-
    dant should have paid the arrearage from money that
    the court had ordered released from an escrow account
    to the defendant.12 In response, the defendant filed an
    objection to the plaintiff’s motion for contempt, arguing
    that there was never a clear and unambiguous court
    order requiring him to immediately pay any child sup-
    port arrearage arising from the December 7, 2016
    orders. Accordingly, he argued that the motion for con-
    tempt should be denied and that he was entitled to
    attorney’s fees for having to defend against a frivo-
    lous motion.
    The court held a hearing on the motion for contempt
    on January 3, 2017. The following day, the court issued
    an order denying the motion for contempt, explaining
    that the plaintiff had failed to meet her burden of prov-
    ing by clear and convincing evidence that the defendant
    wilfully had violated a court order. The court neverthe-
    less took the opportunity to enter a remedial order
    requiring the defendant to pay the $91,000 child support
    arrearage to the plaintiff, in full, by no later than April
    12, 2017.13 The court also denied the defendant’s request
    for attorney’s fees. These appeals followed.
    We begin by stating the overarching and well settled
    standard that governs our review of claims in divorce
    actions. ‘‘An appellate court will not disturb a trial
    court’s orders in domestic relations cases unless the
    court has abused its discretion or it is found that it
    could not reasonably conclude as it did, based on the
    [evidence] presented. . . . It is within the province of
    the trial court to find facts and draw proper inferences
    from the evidence 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.
    . . . [T]o conclude that the trial court abused its discre-
    tion, we must find that the court either incorrectly
    applied the law or could not reasonably conclude as it
    did. . . . Appellate review of a trial court’s findings of
    fact is governed by the clearly erroneous standard of
    review. . . . A finding of fact is clearly erroneous when
    there is no evidence in the record to support it . . .
    or when although there is evidence to support it, the
    reviewing court on the entire evidence is left with the
    definite and firm conviction that a mistake has been
    committed.’’ (Emphasis added; internal quotation
    marks omitted.) Milazzo-Panico v. Panico, 
    103 Conn. App. 464
    , 467–68, 
    929 A.2d 351
     (2007). ‘‘As has often
    been explained, the foundation for this standard is that
    the trial court is in a clearly advantageous position to
    assess the personal factors significant to a domestic
    relations case . . . .’’ (Internal quotation marks omit-
    ted.) Tuckman v. Tuckman, 
    308 Conn. 194
    , 200, 
    61 A.3d 449
     (2013).
    I
    The defendant first claims that, in determining his
    annual income for the purpose of child support, the
    court was bound by the factual findings of the arbitrator
    as set forth in the arbitration award and incorporated
    by reference into the court’s judgment of dissolution.
    He argues that the court’s finding that he had a total
    gross annual income of $560,637 was inconsistent with
    the prior finding of the arbitrator that his gross annual
    income was $400,000, and, therefore, the court’s finding
    was clearly erroneous. According to the defendant,
    because the court’s child support orders were based
    on an erroneous factual finding, this court should order
    them set aside. The plaintiff responds that a trial court
    is not bound to accept the factual findings in an arbitra-
    tor’s award when determining an issue that was specifi-
    cally excluded by the parties from arbitration and
    expressly reserved to the Superior Court by the award
    and by statute. We agree with the plaintiff and, accord-
    ingly, reject the defendant’s claim.
    Stated succinctly, the issue before us is whether the
    arbitrator’s factual finding regarding gross income,
    which was made in the context of determining alimony
    and other issues submitted to arbitration, is entitled to
    preclusive effect in the court’s subsequent adjudication
    of child support, an issue that was expressly excluded
    from arbitration by General Statutes § 52-408, which
    excludes from the scope of arbitration in dissolution
    actions ‘‘issues related to child support,’’ and the par-
    ties’ arbitration agreement. In arguing that the trial
    court was required to adopt the arbitrator’s findings of
    fact regarding the parties’ gross income, the defendant
    relies on the deference that courts generally have
    afforded to arbitration decisions and also, by implica-
    tion, invokes the doctrine of collateral estoppel or
    issue preclusion.
    The defendant’s arguments require us to engage in
    statutory interpretation of § 52-408, which presents a
    question of law over which our review is plenary. See
    Smith v. Smith, 
    249 Conn. 265
    , 272, 
    752 A.2d 1023
    (1999). ‘‘[W]hen construing a statute, [o]ur fundamental
    objective is to ascertain and give effect to the apparent
    intent of the legislature. . . . In other words, we seek
    to determine, in a reasoned manner, the meaning of the
    statutory language as applied to the facts of [the] case,
    including the question of whether the language actually
    does apply. . . . In seeking to determine the meaning,
    General Statutes § 1-2z directs us first to consider the
    text of the statute itself and its relationship to other
    statutes. If, after examining such text and considering
    such relationship, the meaning of such text is plain and
    unambiguous and does not yield absurd or unworkable
    results, extratextual evidence of the meaning of the
    statute shall not be considered. . . . When a statute is
    not plain and unambiguous, we also look for interpre-
    tive guidance to the legislative history and circum-
    stances surrounding its enactment, to the legislative
    policy it was designed to implement, and to its relation-
    ship to existing legislation and common law principles
    governing the same general subject matter . . . .’’
    (Internal quotation marks omitted.) Sosin v. Sosin, 
    300 Conn. 205
    , 227–28, 
    14 A.3d 307
     (2011).
    We begin by examining the text of § 52-408, which
    legislatively sanctions the use of arbitration in civil
    actions, including actions for the dissolution of mar-
    riage. The statute provides in relevant part: ‘‘[A]n
    agreement in writing between the parties to a marriage
    to submit to arbitration any controversy between them
    with respect to the dissolution of their marriage, except
    issues related to child support, visitation and custody,
    shall be valid, irrevocable and enforceable, except when
    there exists sufficient cause at law or in equity for the
    avoidance of written contracts generally.’’ (Emphasis
    added.) General Statutes § 52-408.
    The statute’s use of the term ‘‘issues related to child
    support’’ is both broad and unqualified. For example,
    the statute does not distinguish between legal and fac-
    tual issues. The absence of such qualifying language
    conveys the legislature’s intent to render inarbitrable
    not only a final determination of a party’s child support
    obligations but any and all related issues, both legal
    and factual, that pertain to such a determination.
    Our child support guidelines are based on an income
    share model; see Child Support and Arrearage Guide-
    lines (2015), preamble, § (d); meaning an accurate and
    complete determination of the parties’ respective
    incomes is essential to ensure that adequate resources
    are directed toward affected children. Because a finding
    of the parties’ income is a mandatory prerequisite to
    the determination of a child support order, it is indisput-
    ably an ‘‘issue related to child support,’’ and such a
    finding cannot be conclusively determined by an arbi-
    trator for purposes of calculating child support under
    the clear and unambiguous language of § 52-408. The
    defendant offers no analysis of § 52-408 in asserting that
    the arbitrator’s factual finding regarding the defendant’s
    income should be binding on a court determining child
    support obligations.14
    Even if we were not convinced that the exclusionary
    provision of § 52-408 is clear and unambiguous as to
    its scope, our interpretation is consistent with extrinsic
    evidence of the legislature’s intent, including circum-
    stances surrounding the enactment of the provision at
    issue, the policy it was intended to implement, and its
    relationship to common-law principles. The language
    in § 52-408 excluding from arbitration issues related to
    child support was added to the statute by the legislature
    in 2005.15 See Public Acts 2005, No. 05-258, § 2 (P.A. 05-
    258). The exclusionary language is consistent with the
    importance that this state attaches to accurate and equi-
    table determinations of child support as reflected in
    our child support guidelines.16 Although it is true that
    the promulgation of our child support guidelines, which
    are applicable to all determinations of child support,
    ‘‘substantially circumscribe[d] the traditionally broad
    judicial discretion of the court in matters of child sup-
    port’’; (internal quotation marks omitted) Maturo v.
    Maturo, 
    296 Conn. 80
    , 116, 
    995 A.2d 1
     (2010); the court
    nevertheless retains discretion to deviate from those
    guidelines if it determines that doing so ‘‘would be in
    the best interests of the child and financially equitable
    to the parties.’’ 
    Id.
    Custody and support issues not only impact the
    divorcing parents but also significantly impact the
    future health and welfare of children for whom child
    support is intended to benefit. In Guille v. Guille, 
    196 Conn. 260
    , 262–64, 
    492 A.2d 175
     (1985), our Supreme
    Court discussed the independent nature of a child’s
    right to support and held that this right cannot be viti-
    ated or circumscribed by way of an agreement between
    the parents. In Guille, the court first recognized that
    General Statutes § 46b-84 (a) imposes a duty on divorc-
    ing parents to ‘‘maintain the child according to their
    respective abilities, if the child is in need of mainte-
    nance.’’ Id., 263. In the court’s view, this statutory duty
    ‘‘creates a corresponding right in the children to such
    support.’’ (Internal quotation marks omitted.) Id. The
    court in Guille also emphasized that although child
    support orders are ‘‘made and enforced as incidents to
    divorce decrees . . . the minor children’s right to
    parental support has an independent character, sepa-
    rate and apart from the terms of the support obligations
    as set out in the judgment of dissolution.’’ (Citation
    omitted; internal quotation marks omitted.) Id.
    ‘‘The independent nature of a child’s right to parental
    support [had been] recognized by [our Supreme Court]
    long before that right was codified in our statutes.’’ Id.
    As an example, the court in Guille cited to its decision
    in Burke v. Burke, 
    137 Conn. 74
    , 80, 
    75 A.2d 42
     (1950),
    in which it stated: ‘‘A husband and wife cannot make
    a contract with each other regarding the maintenance
    or custody of their child which the court is compelled
    to enforce, nor can the husband relieve himself of his
    primary liability to maintain his child by entering into
    a contract with someone else to do so. The welfare of
    the child is the primary consideration. The court may
    recognize the contract, but such contract will not be
    enforced longer than it appears to be for the best inter-
    ests of the child, and parents entering into such a con-
    tract are presumed to do so in contemplation of their
    obligations under the law and the rights of the child.’’
    (Internal quotation marks omitted.) Guille v. Guille,
    supra, 
    196 Conn. 264
    .
    In the arbitration agreement in the present case, the
    list of issues to be resolved included the validity and
    enforceability of the premarital agreement; the validity
    of an alleged rescission of that premarital agreement;
    a determination of alimony; an equitable division of
    marital property; and attorney’s fees and guardian ad
    litem fees. The resolution of those issues could not
    ‘‘affect the minor children’s right . . . for parental
    maintenance’’; id., 267; and extending the impact of the
    parent’s resolution of nonsupport issues would violate
    the statutory prohibition against arbitrating child sup-
    port. Furthermore, it would be inconsistent with our
    concerns for the best interest of children, an ideal that
    permeates our statutes and decisional law, to permit
    issues related to child support to be resolved conclu-
    sively in arbitration, a nonjudicial forum outside the
    control of our courts. See, e.g., Masters v. Masters, 
    201 Conn. 50
    , 64–65, 
    513 A.2d 104
     (1986) (‘‘the ultimate
    responsibility for determining and protecting the best
    interests of children in family disputes rests with the
    trial court and not with the parties to a dissolution
    action’’).17
    There is no doubt that ‘‘[t]he courts of this state
    encourage arbitration as a means of alternative dispute
    resolution . . . .’’ Scinto v. Sosin, 
    51 Conn. App. 222
    ,
    227, 
    721 A.2d 552
     (1998), cert. denied, 
    247 Conn. 963
    ,
    
    724 A.2d 1125
     (1999). They have ‘‘for many years whole-
    heartedly endorsed arbitration as an effective alterna-
    tive method of settling disputes intended to avoid the
    formalities, delay, expense and vexation of ordinary
    litigation. . . . When arbitration is created by contract,
    we recognize that its autonomy can only be preserved
    by minimal judicial intervention. (Internal quotation
    marks omitted.) Stutz v. Shepard, 
    279 Conn. 115
    , 124,
    
    901 A.2d 33
     (2006). ‘‘The parties themselves, by the
    agreement of the submission, define the powers of the
    arbitrator. . . . The submission constitutes the charter
    of the entire arbitration proceedings and defines and
    limits the issues to be decided.’’ (Internal quotation
    marks omitted.) Naek Construction Co. v. Wilcox Exca-
    vating Construction Co., 
    52 Conn. App. 367
    , 370, 
    726 A.2d 653
     (1999). ‘‘[If] the submission does not otherwise
    state, the arbitrators are empowered to decide factual
    and legal questions and an award cannot be vacated
    on the grounds that . . . the interpretation of the
    agreement by the arbitrators was erroneous. . . .
    [Generally], courts will not review the evidence consid-
    ered by the arbitrators nor will they review the award
    for errors of law or fact.’’ (Internal quotation marks
    omitted.) Harty v. Cantor Fitzgerald & Co., 
    275 Conn. 72
    , 80, 
    881 A.2d 139
     (2005).
    Nevertheless, although binding arbitration may be
    utilized to resolve many types of issues arising in the
    course of civil litigation, including in a marital dissolu-
    tion action, the legislature concluded, as a matter of
    public policy, that issues involving custody, visitation,
    and child support must be resolved only by a court.
    This court previously has indicated that if a court has
    a statutorily mandated duty to decide an issue, it would
    be an improper delegation of judicial authority to permit
    that issue to be resolved through binding arbitration,
    particularly because of the limited opportunity for judi-
    cial review of arbitration awards. See Nashid v.
    Andrawis, 
    83 Conn. App. 115
    , 121–22, 
    847 A.2d 1098
    (plain error to permit future disputes regarding custody
    and visitation to be decided in arbitration), cert. denied,
    
    270 Conn. 912
    , 
    853 A.2d 528
     (2004).
    We simply are not persuaded that in an adjudication
    of child support following binding arbitration, a court
    must give preclusive effect to extrajudicial factual find-
    ings, particularly if the correctness of those findings is
    so integral to a resolution of an issue expressly excluded
    from arbitration in accordance with both § 52-408 and
    the parties’ arbitration agreement. In other words, any
    findings the arbitrator made in disposing of the claims
    submitted had no effect on the court’s duty to make an
    independent determination of the parties’ child support
    obligation, unfettered by the findings of the arbitrator.
    Because a determination as to the proper amount of
    child support hinges almost entirely on a correct calcu-
    lation of the parties’ income, and it is the stated policy
    of this state that issues of child support be decided only
    by the court, it would run contrary to that policy to
    require the court to defer to findings of income made
    by an arbitrator, who was not tasked with considering
    the parties’ incomes for that purpose.18 Said another
    way, the court’s reliance on income findings of the
    arbitrator in determining child support obligations
    would constitute an impermissible delegation of judicial
    authority, something we previously have concluded
    amounts to plain error. See id.
    We conclude that, although the court incorporated
    the arbitration award by reference into the dissolution
    judgment, it does not follow that the court was bound
    by every factual finding contained in the award in
    determining the defendant’s child support obligation.
    In exercising its important and independent statutory
    obligation to determine child support—an issue
    important not only to the parties but to the children
    meant to benefit from such orders—the court was not
    legally bound by the arbitrator’s factual findings regard-
    ing gross income. To hold otherwise could undermine
    the court’s function to ensure that children receive an
    adequate level of support, and that concern outweighs
    any policy cautioning against judicial interference with
    arbitration. Accordingly, we reject the defendant’s
    claim that the court was bound by the factual finding of
    the arbitrator regarding the defendant’s gross income.
    II
    The defendant next claims that even if the court was
    not legally bound by the arbitrator’s finding with respect
    to his gross income, the court’s finding that the defen-
    dant earned $400,000 in gross income from employment
    was clearly erroneous. The plaintiff counters that the
    court’s finding was correct and fully supported by the
    record. Because there is evidence in the record that
    supports the court’s finding, we conclude that the find-
    ing was not clearly erroneous.
    ‘‘A finding of fact is clearly erroneous when there is
    no evidence in the record to support it . . . or when
    although there is evidence to support it, the reviewing
    court on the entire evidence is left with the definite
    and firm conviction that a mistake has been committed.
    . . . Because it is the trial court’s function to weigh
    the evidence and determine credibility, we give great
    deference to its findings. . . . In reviewing factual find-
    ings, [w]e do not examine the record to determine
    whether the [court] could have reached a conclusion
    other than the one reached. . . . Instead, we make
    every reasonable presumption . . . in favor of the trial
    court’s ruling.’’ (Emphasis added; internal quotation
    marks omitted.) Hammel v. Hammel, 
    158 Conn. App. 827
    , 832–33, 
    120 A.3d 1259
     (2015).
    The defendant argues that the record contains no
    evidence that would support the court’s finding that he
    earned $400,000 in gross income from his employment,
    and, therefore, the finding is clearly erroneous. He indi-
    cates that his financial affidavit submitted into evidence
    listed his gross income earned from employment as
    $360,000. He further notes that his 2015 income tax
    return, which was submitted into evidence, states that
    he earned $170,541 in gross income from employment.
    As our standard of review makes clear, however, the
    existence of evidence that is contrary to the court’s
    finding is not dispositive of whether the court’s finding
    is clearly erroneous.
    The trial court, in its role as the trier of fact, was not
    bound by the financial numbers contained in either
    party’s financial affidavits and was free to assess the
    credibility of the parties with respect to the reliability
    of evidence proffered to establish income. See Olson
    v. Olson, 
    71 Conn. App. 826
    , 834, 
    804 A.2d 851
     (2002).
    The court was free to make findings that differed from
    the parties’ positions, provided that evidence existed
    to support such findings. Here, the court expressly indi-
    cated in its memorandum of decision that it found the
    evidence presented by the defendant regarding his
    income not credible and untruthful. See Billington v.
    Billington, 
    27 Conn. App. 466
    , 469, 
    606 A.2d 737
     (con-
    tours of determination of credibility uniquely shaped
    by trial court and not reviewable on appeal), cert.
    denied, 
    224 Conn. 906
    , 
    615 A.2d 1047
     (1992). Moreover,
    contrary to the defendant’s assertion on appeal, our
    review of the record reveals evidence from which the
    court reasonably could have determined that the defen-
    dant’s gross income from employment was at least
    $400,000.19
    First, the plaintiff testified during the hearing that
    she was aware of the defendant’s earnings during the
    course of their marriage. She testified that he had three
    sources of income from employment: his medical prac-
    tice, consulting for medical companies, and teaching.
    In part, her knowledge of his earnings came from her
    having worked as the business administrator for the
    defendant’s medical practice, in which capacity she had
    access to payroll documents. She testified that the
    defendant’s salary was $16,000 every two weeks, which
    amounts to a yearly income from employment of
    $416,000.
    Second, the plaintiff offered into evidence a con-
    sumer credit application that the defendant completed
    in connection with a lease he obtained in March, 2016,
    for a new BMW automobile. On the application, the
    defendant disclosed in the employment section of the
    application that his employer’s name was Dr. K Ser-
    vices, P.C., and that his gross annual income from
    employment was $400,000.
    Given that the true measure of the defendant’s
    income was highly contested, and that the trial court
    found that the defendant’s presentation of his finances,
    including income, was misleading, the court relied on
    other evidence in the record. There was certainly evi-
    dence, including the defendant’s admission on the auto-
    mobile application, that his income from employment
    was $400,000. Because the finding is supported by evi-
    dence and we are not left with any firm conviction that
    a mistake was made, we conclude that the trial court’s
    finding was not clearly erroneous.
    III
    The defendant’s third claim is that, in calculating
    his gross income, the court improperly determined the
    amount of gross rental income he received from prop-
    erty awarded to him as part of the division of marital
    assets. We are not persuaded.
    ‘‘The [child support] guidelines worksheet is based
    on net income; weekly gross income is listed on the
    first line on the worksheet, and the subsequent lines
    list various deductions, including federal income tax
    withheld and social security tax. . . . The guidelines
    are used by the court to determine a presumptive child
    support payment, which is to be deviated from only
    under extraordinary circumstances. . . . Our regula-
    tions define ‘gross income’ as ‘the average weekly
    earned and unearned income from all sources before
    deductions, including but not limited to the items listed
    in subparagraph (A) of this subdivision, but excluding
    the items listed in subparagraph (B) of this subdivision.’’
    (Citation omitted; emphasis added.) Giordano v. Gior-
    dano, 
    153 Conn. App. 343
    , 356–57, 
    101 A.3d 327
     (2014),
    citing Regs., Conn. State Agencies § 46b-215a-1 (11).
    One item expressly included in subparagraph (A) is
    ‘‘rental income after deduction of reasonable and neces-
    sary expenses . . . .’’ Regs., Conn. State Agencies
    § 46b-215a-1 (11) (A) (xiv). Any challenge to the court’s
    factual findings regarding rental income is subject to
    our clearly erroneous standard of review.
    Although the defendant acknowledges that the child
    support guidelines permit the inclusion of rental income
    in the calculation of gross income, he argues that the
    court failed to ‘‘delineate how the court arrived at the
    figure of $160,637.’’ He also argues that ‘‘[n]owhere in
    the record can there be found any indication of how
    the court arrived at the figure of $160,637 or whether
    the court deducted reasonable and necessary expenses
    from any such rental income.’’ (Emphasis omitted.) Fur-
    ther, the defendant notes that the court’s rental income
    figure matches the total found in a chart that the plaintiff
    prepared and attached to her posttrial brief, which, as
    the defendant correctly maintains, was never submitted
    into evidence during the hearing.
    The court did not provide a detailed explanation of
    how it arrived at its calculation of rental income. After
    it set forth its findings regarding the defendant’s total
    gross income, however, it did indicate the evidentiary
    basis for its finding, citing to the plaintiff’s exhibits 7
    and 13, and the defendant’s testimony of May 25 and
    June 29, 2016. Exhibit 13 is a copy of the defendant’s
    2015 individual tax return. Schedule E of that return
    contains details of the income and expenses associated
    with the rental properties awarded to the defendant in
    the judgment of dissolution. Although the defendant
    maintains that the court improperly utilized the rental
    income chart that the plaintiff prepared and attached
    to her posttrial brief, which was never made an exhibit
    at the hearing, the chart references the defendant’s 2015
    tax return, which was an exhibit, and the numbers con-
    tained in the chart merely reflect figures contained in
    that tax return. The figures from the 2015 tax return,
    as used on the plaintiff’s chart, were easily verified by
    the court by comparing the chart’s figures with those
    on the tax return. Accordingly, we conclude that a suffi-
    cient evidentiary basis for the court’s rental income
    finding exists.
    Finally, the defendant argues that both the plaintiff’s
    chart and the court’s conclusion regarding rental
    income do not comport with the evidence presented
    because they disregard and omit from their calculation
    two properties that generated substantial losses.
    According to the defendant, if those properties were
    considered, his net rental income would have been sub-
    stantially lower.
    The plaintiff argues, however, that those properties
    were sold prior to the child support hearing, and thus
    any effect that the losses from those properties had on
    total rental income in 2015 were properly disregarded
    in calculating future income for the purposes of
    determining child support. The defendant does not dis-
    pute that assertion in his reply brief and fails to explain
    why it would be improper for the court to consider only
    properties that would generate income in the future in
    calculating income on which to base his prospective
    child support obligations. On the basis of our review,
    we conclude that the court’s calculation and inclusion
    of rental income in its determination of the defendant’s
    total gross income was not clearly erroneous.
    IV
    In the defendant’s fourth claim, he asserts that the
    court improperly failed to take into account his payment
    of life insurance premiums in calculating his gross
    income. The plaintiff responds that the defendant failed
    to provide the court with information regarding life
    insurance premiums and that the court properly
    accounted for all insurance premium payments brought
    to the attention of the court and reflected in the record.
    We agree with the plaintiff.
    The following additional facts are relevant to this
    claim. The defendant testified that he maintained two
    life insurance policies that provided a total of $4,000,000
    in coverage.20 According to the defendant, the premiums
    for those policies were paid by his medical practice, and
    those payments were attributable to him as additional
    income. The life insurance policies are listed on the
    defendant’s financial affidavit, which also includes as
    a personal expense his monthly life insurance premiums
    of $1053. The premium payment amounts are not bro-
    ken out per policy. The child support guidelines work-
    sheet submitted by the defendant to the court did not
    include any deduction for life insurance premiums, pre-
    sumably because the defendant objected to the plain-
    tiff’s claim for relief requesting that the court order him
    to maintain $2,000,000 in life insurance for the benefit
    of the children. He argued that he would not be able
    to maintain his existing policies once they expired and
    that it would be financially unfeasible or overly burden-
    some for him to obtain new policies as a sixty-four year
    old man.
    The court made the following order with respect to
    life insurance: ‘‘The defendant shall maintain insurance
    on his life in the amount of $2,000,000, naming the three
    minor children as equal beneficiaries, for as long as he
    has a child support obligation to the twins.’’ The court’s
    calculation of net income for the purposes of child
    support, which is set forth on the court’s child support
    guidelines worksheet attached as the court’s exhibit 1
    to the court’s memorandum of decision, deducts $406
    from the defendant’s gross weekly income for premi-
    ums paid for the children’s medical and dental insur-
    ance. Although the worksheet also contains a line for
    deducting the premium paid for ‘‘court-ordered life
    insurance for benefit of child,’’ the court indicated $0
    on that line.
    The defendant stood to benefit from any reduction in
    his gross income attributable to life insurance premium
    payments. As such, he bore the burden to produce what-
    ever evidence was necessary for the court to calculate
    this deduction. Our review of the record, however,
    including the exhibits and testimony offered during the
    hearing, show that the defendant never provided the
    court with a breakdown of his existing premium pay-
    ments for the $4,000,000 in life insurance coverage he
    disclosed on his financial affidavits, including how the
    amount of premiums paid for those policies was appli-
    cable to the court’s calculation of life insurance neces-
    sary to secure the defendant’s child support obligation,
    an amount of insurance that was significantly less.
    Although he indicated on his financial affidavit a
    monthly personal expense for life insurance of $1053,
    he lists several insurance policies with no details of the
    policies’ beneficiaries or premium payments per policy.
    Because the court had no evidentiary basis from which
    to calculate a credit against his income for a $2,000,000
    life insurance policy benefiting the children, we cannot
    conclude that the court’s failure to include a credit in
    calculating net income was a clear abuse of discretion.
    V
    The defendant next claims that the court improperly
    failed to explain the basis for exercising its discretion
    to order child support in an amount that exceeded the
    child support guidelines’ presumptive minimum. The
    question presented by this claim is whether the court
    is required to articulate why it chose the specific
    amount of child support that it did if that amount falls
    within the range of the minimum and maximum pre-
    sumptive support amounts. We conclude that there is
    no such requirement and, accordingly, reject the defen-
    dant’s claim.
    ‘‘The question of whether, and to what extent, the
    child support guidelines apply . . . is a question of law
    over which this court should exercise plenary review.’’
    Misthopoulos v. Misthopoulos, 
    297 Conn. 358
    , 367, 
    999 A.2d 721
     (2010). Further, whether the court is legally
    obligated to articulate the basis for a child support
    award also poses a legal question that invokes our de
    novo review. ‘‘It has long been established that the
    guidelines, as promulgated by a commission empow-
    ered pursuant to legislation enacted in 1989; see Public
    Acts 1989, No. 89-203; were intended to substantially
    [circumscribe] the traditionally broad judicial discre-
    tion of the court in matters of child support.’’ (Internal
    quotation marks omitted.) Ray v. Ray, 
    177 Conn. App. 544
    , 563, 
    173 A.3d 464
     (2017).
    ‘‘[T]he . . . guidelines shall be considered in all
    determinations of child support amounts within the
    state and . . . the guidelines consist of the Schedule of
    Basic Child Support Obligations as well as the principles
    and procedures set forth [therein].’’ (Emphasis omitted;
    internal quotation marks omitted.) 
    Id.,
     563–64. Addition-
    ally, ‘‘[t]he 2015 guidelines codified developments in
    recent cases decided by the Supreme Court and this
    court regarding the consideration of child support order
    amounts whenever the parties’ combined net weekly
    income exceeds $4000.’’ 
    Id., 564
    ; see also Child Support
    and Arrearage Guidelines, supra, preamble, § (e) (5),
    p. ix.
    ‘‘[I]n awarding child support, a court must consider
    and apply statutory child support and arrearage guide-
    lines unless application of the guidelines is inequitable
    or inappropriate under the circumstances.’’ Lusa v.
    Grunberg, 
    101 Conn. App. 739
    , 741, 
    923 A.2d 795
     (2007).
    ‘‘To enter child support orders that deviate from the
    presumptive support amount, the court must make spe-
    cific findings on the record to explain its reasons for
    doing so.’’ 
    Id.
     ‘‘[A]ny deviation from the schedule or the
    principles on which the guidelines are based must be
    accompanied by the court’s explanation as to why the
    guidelines are inequitable or inappropriate and why the
    deviation is necessary to meet the needs of the child.’’
    Maturo v. Maturo, 
    supra,
     
    296 Conn. 95
    –96.
    ‘‘In Maturo, [our Supreme Court] . . . concluded
    that when a family’s combined net weekly income
    exceeds $4000, the court should treat the percentage
    set forth in the schedule at the highest income level as
    the presumptive ceiling on the child support obligation,
    subject to rebuttal by application of the deviation crite-
    ria enumerated in the guidelines, as well as the statutory
    factors described in § 46b-84 (d).’’ (Internal quotation
    marks omitted.) Misthopoulos v. Misthopoulos, 
    supra,
    297 Conn. 369
    –70. Our Supreme Court later clarified
    that ‘‘as long as the child support award is derived from
    a total support obligation within this range—between
    the presumptive minimum dollar amount and the pre-
    sumptive maximum percentage of net income—a find-
    ing in support of a deviation is not necessary.’’
    (Emphasis added.) Dowling v. Szymczak, 
    309 Conn. 390
    , 402, 
    72 A.3d 1
     (2013).
    The child support guidelines provide that when the
    combined weekly net income of the parents is $4000,
    the presumptive minimum of child support for three
    children is $824 a week. As indicated previously, the
    maximum is calculated by multiplying the combined
    weekly income by the applicable percentage, which in
    this case is 20.61 percent. Regs., Conn. State Agencies
    § 46b-215a-2c. Here, there is no dispute that the amount
    of support ordered by the court fell within the range
    between the presumptive minimum and maximum
    amounts permitted under the child support guidelines.
    Because the court did not deviate from the guidelines,
    the court was not required to articulate statutory devia-
    tion criteria.
    In his appellate brief, the defendant relies on language
    in § 46b-215a-2c that provides as follows: ‘‘When the
    parents’ combined net weekly income exceeds $4000,
    child support awards shall be determined on a case-by-
    case basis, consistent with statutory criteria, including
    that which is described in subsection (d) of section
    46b-84 of the Connecticut General Statutes.’’ Regs.,
    Conn. State Agencies § 46b-215a-2c (a) (2). General
    Statutes § 46b-84 (d) provides that ‘‘[i]n 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, earn-
    ing capacity, amount and sources of income, estate,
    vocational skills and employability of each of the par-
    ents, and the age, health, station, occupation, educa-
    tional status and expectation, amount and sources of
    income, vocational skills, employability, estate and
    needs of the child.’’ The defendant reads the regulatory
    language as mandating that a court articulate why it
    is ordering any amount falling within the presumptive
    minimum and maximum support provided in the guide-
    lines and notes that ‘‘[n]owhere in the memorandum of
    decision does the court indicate that it considered the
    statutory criteria of [§ 46b-84 (d)] in deciding where
    within $824 per week . . . and $1580 per week . . .
    child support should fall.’’
    Although the statutory language requires that child
    support awards shall be consistent with statutory crite-
    ria, it does not ‘‘mandate that a court articulate why’’
    it is ordering an amount consistent with the criteria.
    ‘‘In accordance with the statutory directives set forth
    in General Statutes § 46b-215b (a), the guidelines
    emphasize that the support amounts calculated there-
    under are the correct amounts to be ordered by the
    court unless rebutted by a specific finding on the record
    that such an amount would be inequitable or inappropri-
    ate.’’ Maturo v. Maturo, 
    supra,
     
    296 Conn. 92
    . In this
    case, the child support award was within the range
    established by the guidelines, and the defendant made
    no argument that the amount ordered was inequitable
    or inappropriate. Further, there is nothing in the record
    from which we can conclude that the court’s decision
    was not made with consideration of the criteria set
    forth in § 46b-84 (d).
    In making its orders and findings of fact, the court
    conducted an extensive evidentiary hearing and
    reviewed the parties’ various claims for relief, memo-
    randa in support thereof, trial briefs, replies, evidence,
    testimony, relevant rules, statutory authority, case law,
    and the arguments of counsel. Notably, these findings
    pertained to the health and educational needs of the
    children, as well as the parties’ ages, health, educational
    status, employability, earning capacities, and sources
    of income. The court calculated that, in this case, the
    maximum amount of child support per week was $1564.
    The actual amount of child support ordered by the court
    was $1500 per week. Because the child support order
    was consistent with statutory criteria and within the
    range between minimum and maximum support
    amounts established by the guidelines, we find no abuse
    of discretion in the court’s ruling. Further, because no
    deviation from the guidelines occurred, the court was
    not required to provide any additional explanation for
    its decision. In sum, the trial court did not abuse its
    discretion in rendering its December 7, 2016 child sup-
    port orders.
    VI
    We turn next to those claims challenging the court’s
    order requiring the defendant to make a lump sum pay-
    ment of $91,000 to the plaintiff to satisfy a child support
    arrearage that resulted from the court’s December 7,
    2016 order making his child support obligation retroac-
    tive to the date of dissolution. The defendant first claims
    that in calculating the $91,000 child support arrearage,
    the court failed to credit properly the voluntary child
    support payments that he made to the plaintiff during
    the pendency of the child support proceedings. Specifi-
    cally, the defendant maintains that the court was obli-
    gated to subtract the amount of the voluntary payments
    directly from the amount of the arrearage, rather than
    providing him with credit for the voluntary payments
    by temporarily reducing his child support obligations
    for a period moving forward. The plaintiff responds
    that the defendant’s claim is moot because the court
    accounted for and fully credited the defendant for all
    child support voluntarily paid by permitting the defen-
    dant to reduce his future child support obligations pro-
    portionally over the first year, and the defendant availed
    himself of that remedy. The plaintiff further argues that
    even if the claim is not moot, it fails on its merits
    because the court acted well within its discretion in
    crafting the remedy provided. We agree with the plain-
    tiff that because the defendant reduced his weekly child
    support obligation in accordance with the court’s order
    and, thus, has now received full credit for his voluntary
    child support payments, this court cannot provide the
    defendant with any practical relief by reviewing this
    claim. Accordingly, we dismiss the claim as moot.
    ‘‘Mootness implicates [the] court’s subject matter
    jurisdiction and is thus a threshold matter for us to
    resolve . . . . It is a well-settled general rule that the
    existence of an actual controversy is an essential requi-
    site to appellate jurisdiction; it is not the province of
    appellate courts to decide moot questions, discon-
    nected from the granting of actual relief or from the
    determination of which no practical relief can follow.
    . . . Because mootness implicates subject matter juris-
    diction, it presents a question of law over which our
    review is plenary.’’ (Internal quotation marks omitted.)
    Schull v. Schull, 
    163 Conn. App. 83
    , 98–99, 
    134 A.3d 686
    , cert. denied, 
    320 Conn. 930
    , 
    133 A.3d 461
     (2016).
    The defendant does not challenge the total amount
    of the arrearage ordered by the court, having stipulated
    that the amount owed was $91,000. He also raises no
    claim that he was entitled to a greater amount of credit
    on the basis of the voluntary payments made during
    the pendency of the child support proceedings. It is
    simply the form of the credit that the defendant takes
    issue with, maintaining that the court should have
    applied his voluntary child support payments directly
    against the arrearage and arguing that most courts that
    have addressed similar situations have applied volun-
    tary payments to reduce directly any arrearage.21 Never-
    theless, because the defendant has now received full
    credit for his voluntary payments, there is no practical
    relief that could flow from our determination of whether
    he should have received that credit as an offset to the
    lump sum payment rather than as a reduction in his
    future child support payments. Even if we were to deter-
    mine that the court abused its discretion in the manner
    in which it credited the voluntary payments, we cannot
    formulate a remedy that would effectively rewind the
    clock in this case. Any decision would be purely aca-
    demic at this point because it would not alter the
    existing status quo, namely, that the defendant has
    received full credit for those voluntary payments he
    made. This claim, accordingly, is dismissed as moot.
    VII
    The defendant next claims that the court improperly
    ordered him to pay a lump sum to satisfy the child
    support arrearage rather than permitting him to satisfy
    that arrearage on a weekly basis, as contemplated by the
    child support arrearage guidelines. The plaintiff argues
    that the defendant’s claim is frivolous because, although
    the guidelines prescribe the manner in which a court
    generally must calculate periodic payment of a child
    support arrearage, the court nevertheless retains discre-
    tion to order a lump sum payment. We agree with
    the plaintiff.
    Whether the court was required to utilize the arrear-
    age calculation formula set forth in the child support
    arrearage guidelines is a legal question over which our
    review is plenary. Although the preamble to the child
    support and arrearage guidelines is not part of the offi-
    cial regulations, and thus not binding on this court, we
    find it persuasive in resolving the defendant’s claim.
    See Maturo v. Maturo, 
    supra,
     
    296 Conn. 92
    –93 (noting
    preamble is not part of regulations but is intended to
    assist in their interpretation). Specifically, section (i)
    of the preamble discusses the arrearage guidelines and
    their intended applicability, providing in relevant part:
    ‘‘[General Statutes § 46b-215a] requires the develop-
    ment of guidelines for orders of payment on arrearages.
    Such guidelines are to be based on the obligor’s ability
    to pay. The commission interprets the statute to apply
    only to the determination of periodic payments, and so
    does not address in the regulations the determination
    of lump sum payments, which determination remains
    subject to the discretion of the judge or family support
    magistrate.’’ Child Support and Arrearage Guidelines,
    supra, preamble, § (i), p. xix. This same position is also
    reflected in the regulations themselves. Subsection (a)
    of 46b-215a-3a, which governs the scope of the arrear-
    age guidelines, provides in relevant part that the arrear-
    age guidelines ‘‘shall be used to determine periodic
    payments on child support arrearages . . . . The
    determination of lump sum payments remains subject
    to the discretion of the judge or family support magis-
    trate, in accordance with existing law.’’ Thus, the guide-
    lines have no applicability to orders requiring lump sum
    payment of arrearages, nor do the guidelines in any
    way curtail a trial court’s discretion to order a lump
    sum payment, provided that the court determines that
    the obligor has the ability to comply with the order.
    General Statutes § 46b-215a (a) (‘‘orders of payment on
    any arrearage and past due support shall be based on
    . . . the obligor’s ability to pay’’).
    In the present case, the court articulated that it
    ordered the $91,000 lump sum arrearage payment in
    the present case because it determined that the defen-
    dant had the ability to pay, given his current income
    and other finances, including the court’s release to the
    defendant of $100,000 held in escrow at the time it
    issued its child support orders. The court indicated
    that it had released the funds specifically to aid the
    defendant in meeting his child support obligations. In
    short, the defendant has failed to demonstrate that the
    arrearage guidelines were applicable to the lump sum
    order or that the court abused its discretion in ordering
    a lump sum rather than periodic payments. Accordingly,
    this claim fails.
    VIII
    Finally, the defendant claims that rather than having
    denied the plaintiff’s motion for contempt on its merits,
    which resulted in the remedial order requiring the
    defendant to pay the arrearage that arose out of the
    court’s retroactive order of child support, the court
    should have dismissed the plaintiff’s motion for con-
    tempt in its entirety. According to the defendant,
    because the court’s child support order did not contain
    any express calculation of an arrearage owed by the
    defendant as a result of the child support order’s retro-
    activity or an order directing the defendant to pay such
    an arrearage by a date certain, there was no factual
    basis for a motion for contempt. The defendant asserts
    on appeal, therefore, that the plaintiff’s motion for con-
    tempt failed to state a proper claim for contempt and
    also failed to comply with the specific requirements of
    Practice Book § 25-27.22 Because the defendant’s spe-
    cific claim that the trial court should have dismissed
    the motion for contempt was not raised before the trial
    court, we decline to review it for the first time on appeal.
    In the defendant’s objection to the motion for con-
    tempt, he challenged the merits of the motion by arguing
    that he had not violated any clear and unambiguous
    order because the court never stated precisely when
    or how the arrearage should be paid. The defendant’s
    objection asked the trial court to deny the motion for
    contempt, which the court did, apparently for the rea-
    sons stated by the defendant. The defendant never
    asked the court to strike or dismiss the motion, either
    on the basis of the motion’s legal or factual insufficienc-
    ies or on the ground that the motion did not comply with
    our rules of practice. As we have stated on numerous
    occasions, we will not entertain a claim or legal theory
    raised for the first time on appeal. ‘‘[A] party cannot
    present a case to the trial court on one theory and then
    seek appellate relief on a different one . . . . The the-
    ory upon which a case is tried in the trial court cannot
    be changed on review . . . [much like] an issue not
    presented to or considered by the trial court cannot be
    raised for the first time on review.’’ (Citation omitted;
    internal quotation marks omitted.) Corrarino v. Corrar-
    ino, 
    121 Conn. App. 22
    , 30, 
    993 A.2d 486
     (2010). We
    therefore decline to review this claim.
    The judgments are affirmed.
    In this opinion the other judges concurred.
    * October 23, 2018, the date that this decision was released as a slip
    opinion, is the operative date for all substantive and procedural purposes.
    1
    Specifically, the arbitrator’s award stated in relevant part: ‘‘The issues
    of custody, access, child support, maintenance and cost of medical insurance
    for the minor children and unreimbursed medical expenses are reserved to
    the Connecticut Superior Court.’’
    2
    On June 19, 2017, this court granted the defendant’s motion to consolidate
    his two appeals in accordance with Practice Book § 61-7 (b) (3).
    3
    The defendant also asserted that the court had failed to deduct health
    insurance premiums but, in his reply brief, concedes to the contrary, with-
    drawing that aspect of his claim.
    4
    We rely on those facts set forth by the court in its memoranda of decision
    and those that are undisputed in the record.
    5
    The parties have twin daughters who were born in May, 2003, and a
    younger daughter who was born in February, 2006.
    6
    At that time, the parties also submitted a final custody and parenting
    plan that was made an order of the court. Pursuant to the parenting plan,
    the parties would have joint legal custody of their minor children, and the
    plaintiff would have primary physical custody subject to periodic visitations
    with the defendant.
    7
    The arbitrator stated in relevant part: ‘‘To leave the plaintiff, who has
    no experience in a competitive workplace after thirteen years, with no
    assets, an alimony award of five years, which is unrelated to either the
    plaintiff’s needs or the defendant’s income, and responsibility for three
    children, one of whom has special needs, is more than unfair or onerous,
    it is unconscionable.’’
    8
    In response to requests by the parties, the arbitrator later issued a
    clarification of her award, the substance of which is not relevant to the
    issues on appeal.
    9
    In its dissolution judgment, the court also reserved jurisdiction over the
    issue of postmajority educational support.
    10
    In his posthearing brief, the defendant argued that the court should
    conclude that his share of the presumptive child support amount, as calcu-
    lated pursuant to the guidelines, was $727 per week. The plaintiff, in her
    posthearing brief, argued that the defendant’s share of presumptive child
    support under the guidelines was $1560 per week, but she sought an upward
    deviation to $2028 per week due, in part, to her claim that all three children
    had special needs.
    11
    We note that throughout the evidentiary hearing on the issue of child
    support, both parties presented evidence pertaining to the defendant’s gross
    income. Such evidence would have been unnecessary if the court legally
    was bound to credit the factual findings of gross income contained in the
    arbitrator’s award. The defendant, however, never asserted such a position
    during the hearing on child support. Although the defendant’s counsel raised
    tentative objections during the hearing indicating that the defendant’s earn-
    ing capacity had been determined by the arbitrator, at no point did the
    defendant directly state to the trial court that he believed that the court
    legally was bound by the arbitrator’s factual findings of income in resolving
    the issue of child support.
    To the contrary, in his posthearing brief, instead of arguing that the
    arbitrator’s finding regarding the defendant’s gross income was binding on
    the court, he argued that the arbitrator had overstated his gross income
    and asked the trial court to make its own finding for the purpose of calculat-
    ing child support. Presumably, if the finding of the arbitrator was binding
    on the court, as the defendant now argues on appeal, the trial court would
    have had no more authority to find a lower amount of income than it had
    to find a higher amount. As we have expressed on a number of occasions,
    we generally disfavor permitting an appellant to take one legal position at
    trial and then take a contradictory position on appeal. ‘‘[O]rdinarily appellate
    review is not available to a party who follows one strategic path at trial
    and another on appeal, when the original strategy does not produce the
    desired result. . . . To allow the [party] to seek reversal now that his trial
    strategy has failed would amount to allowing him to induce potentially
    harmful error, and then ambush the [opposing party and the court] with
    that claim on appeal.’’ (Internal quotation marks omitted.) Nweeia v. Nweeia,
    
    142 Conn. App. 613
    , 620, 
    64 A.3d 1251
     (2013).
    Furthermore, we note that the doctrine of collateral estoppel, i.e., issue
    preclusion, ‘‘is neither statutorily nor constitutionally mandated. The doc-
    trine, rather, is a judicially created rule of reason that is enforced on public
    policy grounds.’’ (Internal quotation marks omitted.) Cumberland Farms,
    Inc. v. Groton, 
    262 Conn. 45
    , 58–59, 
    808 A.2d 1107
     (2002). In order to take
    advantage defensively of the doctrine, it ordinarily should be pleaded or
    otherwise brought to the attention of the court. See, e.g., Practice Book
    § 10-50. The defendant made no assertion regarding the binding nature of
    the arbitrator’s finding in the present case until the postjudgment motion
    to reargue, which was filed after the court had made an independent finding
    regarding gross income that did not favor the defendant. Nevertheless,
    because the plaintiff has not argued that the defendant either forfeited or
    waived his right to challenge the preclusive nature of the arbitrator’s factual
    finding regarding gross income, and the issue was raised by the defendant
    to the trial court in his motion to reargue the child support order and
    implicitly rejected by the trial court, we will review the claim.
    12
    As part of its December 7, 2016 orders, the court ordered $100,000 from
    the sale of the marital home that was being held in escrow at the time by
    the defendant’s attorney as security released to the defendant within two
    business days.
    13
    The trial court later issued an articulation setting forth the factual and
    legal bases for its January 3, 2017 order. In its articulation, the court stated
    that ‘‘[t]he [defendant’s] testimony and evidence regarding his sources and
    amount of income, debts, assets, and liabilities was not credible,’’ and ‘‘[t]he
    information on the [defendant’s] sworn financial affidavits . . . regarding
    his earnings and expenses was not truthful.’’ (Citations omitted.) The court
    also stated that it had released the $100,000 in escrowed funds to the defen-
    dant in order to give him ‘‘additional funds’’ from which to pay the child
    support arrearage that arose as a result of the court’s December 7, 2016
    support orders and to meet his child support obligations moving forward.
    (Emphasis omitted.) The court noted that ‘‘despite having the financial
    means and access to liquid pecuniary resources, [the defendant had] paid
    $0.00 toward the $91,000 arrearage he does not dispute existed.’’ (Emphasis
    in original.) Regarding the legal bases for its decision, the court indicated
    that it considered whether the defendant had the ability to pay by the date
    specified in the court’s order and determined that he did, on the basis of
    his actual employment income, his earning capacity, liquid assets, equity in
    several real estate interests and investments, and retirement funds. The
    court further stated that it had relied on General Statutes § 46b-84 and § 46b-
    215a-3a of the child support and arrearage guidelines effective July 1, 2015.
    14
    We note that other states have adopted statutes permitting the arbitra-
    tion of marital dissolution actions, including issues of custody and child
    support. As part of those statutes, however, such states have provided
    for more robust judicial oversight of arbitration awards than ordinarily is
    available under existing law. See, e.g., Harvey v. Harvey, 
    470 Mich. 186
    ,
    193–94, 
    680 N.W.2d 835
     (2004) (court had authority under statute to modify
    arbitrator’s award to ensure best interests of children). The absence of
    such explicit oversight in § 52-408 is additional evidence that our legislature
    intended that all issues pertaining to child support and custody be reserved
    to the Superior Court.
    15
    Similar language also was added to General Statutes § 46b-66, which
    now provides in relevant part: ‘‘The provisions of [General Statutes § 52-
    408 et seq.] shall be applicable to any agreement to arbitrate in an action
    for dissolution of marriage under this chapter, provided (1) an arbitration
    pursuant to such agreement may proceed only after the court has made a
    thorough inquiry and is satisfied that (A) each party entered into such
    agreement voluntarily and without coercion, and (B) such agreement is fair
    and equitable under the circumstances, and (2) such agreement and an
    arbitration pursuant to such agreement shall not include issues related
    to child support, visitation and custody . . . .’’ (Emphasis added.) General
    Statutes § 46b-66 (c).
    16
    Having reviewed the legislative history of P.A. 05-258, we note that the
    vast majority of public comments, mostly from members of the bar, sup-
    ported adoption of the bill, many citing favorably to the bill’s exclusion of
    issues related to child support, custody, and visitation because of the need
    for ‘‘careful supervision of those issues’’ by the court and the ‘‘state’s special
    interest’’ in child support.
    In support of the act, then Senator Andrew J. McDonald stated: ‘‘Mr.
    President, this bill is intended to make available to individuals who are
    becoming involved in a dissolution action an opportunity to voluntarily enter
    into an arbitration proceeding for the purposes of resolution of that disso-
    lution.
    ‘‘Mr. President, the bill excludes from the scope of permissible arbitration
    any consideration of custody or child support payments within the scope
    of the arbitration referral.’’ (Emphasis added.) 48 S. Proc., Pt. 8, 2005 Sess.,
    p. 2272.
    17
    To the extent that our Supreme Court in Masters v. Masters, supra, 
    201 Conn. 64
    –65, stated that some issues related to child support might be
    arbitrable, we note that Masters was decided prior to the enactment of § 52-
    408. Accordingly, that statement in Masters has been superseded by statute.
    18
    Our analytical approach finds support in the Restatement (Second) of
    Judgments, which provides useful guidance regarding whether findings made
    by arbitrators should be binding on courts in subsequent proceedings. Sec-
    tion 84 of the Restatement (Second) provides that courts generally should
    afford a valid and final arbitration award ‘‘the same effects under the rules
    of res judicata, subject to the same exceptions and qualifications, as a
    judgment of a court.’’ 2 Restatement (Second), Judgments § 84 (1), p. 286
    (1982). Nevertheless, there are several notable exceptions to that rule. In
    particular, § 84 (3) provides in relevant part: ‘‘A determination of an issue
    in arbitration does not preclude relitigation of that issue if: (a) [a]ccording
    preclusive effect to determination of the issue would be incompatible with
    a legal policy or contractual provision that the tribunal in which the issue
    subsequently arises be free to make an independent determination of the
    issue in question . . . .’’ As provided in the commentary to § 84, ‘‘[i]t is
    coherent to treat an arbitration proceeding as wholly self-contained, conclu-
    sive as to the claims represented in the award but inoperative beyond them.’’
    (Emphasis added.) Id., § 84, comment (c), p. 289. Further, ‘‘[a] dispute may
    be governed by an arbitration agreement but also be subject to statutory
    provisions for alternative or supplementary procedures. The conclusive
    effect of an arbitration award is subordinate to such provisions.’’ Id., § 84,
    comment (g), p. 291. The approach of the Restatement (Second) is consistent
    with our Supreme Court’s instruction that ‘‘[t]he doctrines of preclusion
    . . . should be flexible and must give way when their mechanical application
    would frustrate other social policies based on values equally or more
    important than the convenience afforded by finality in legal controversies.’’
    (Internal quotation marks omitted.) Delahunty v. Massachusetts Mutual
    Life Ins. Co., 
    236 Conn. 582
    , 591, 
    674 A.2d 1290
     (1996); 
    id., 592
     (holding
    application of res judicata to bar party from bringing postdissolution action
    claiming damages for misconduct occurring during marriage would be inap-
    propriate given competing policy considerations).
    19
    The trial court’s finding of $560,637 in gross income included as a base
    component $400,000 in gross income from employment, which is the same
    amount the arbitrator set forth as the defendant’s gross income. The arbitra-
    tor’s award does not break down the components of that figure or indicate
    whether her finding also incorporated rental income. Thus, the trial court’s
    finding of $560,637 in total gross income, rather than being a wholly inconsis-
    tent factual finding from that made by the arbitrator, might simply reflect
    a more complete representation of the defendant’s total gross income. It is
    not necessary, however, for us to resolve the apparent conflict between the
    arbitrator’s finding and the trial court’s finding in order to conclude that
    the trial court’s finding was supported by evidence in the record and, thus,
    was not clearly erroneous.
    20
    The defendant also maintained a separate $500,000 life insurance policy
    benefiting a former wife from an earlier marriage.
    21
    It is axiomatic that trial courts have ‘‘wide discretion and broad equitable
    power to fashion relief in the infinite variety of circumstances which arise
    out of the dissolution of a marriage.’’ (Internal quotation marks omitted.)
    Parisi v. Parisi, 
    315 Conn. 370
    , 381, 
    107 A.3d 920
     (2015). Even if we were
    to conclude that the present claim was not moot and assumed for the sake
    of argument that the defendant’s observation regarding credits for voluntary
    payments is an accurate one, the mere fact that trial courts may more often
    directly credit voluntary payments to reduce an arrearage is an insufficient
    factual basis to support a conclusion that a court that elects not to follow
    that procedure, as in the present case, has abused its discretion. The defen-
    dant has cited no authority that would convince us otherwise.
    22
    Practice Book § 25-27 (a) provides: ‘‘Each motion for contempt must
    state (1) the date and specific language of the order of the judicial authority
    on which the motion is based; (2) the specific acts alleged to constitute the
    contempt of that order, including the amount of any arrears claimed due
    as of the date of the motion or a date specifically identified in the motion;
    (3) the movant’s claims for relief for the contempt.’’