Barnett v. Barnett
In Barnett v. Barnett, 26 Conn. App. 355, 600 A.2d 1055 (1992), the defendant argued that the trial court improperly denied a motion to open and to set aside an award of lump sum alimony based upon a mutual mistake as to the amount of equity in the marital home. Id., at 355-56.
The defendant had expected to be able to sell the marital home for more than was received at a foreclosure sale and, thus, to use those funds to pay the lump sum alimony. Id., at 357-58.
The Court stated: "At best, the defendant's position amounts to a claim that the judgment should be opened and set aside on the ground of impossibility of performance because he does not have the money to carry out the agreement. . . . The defendant has furnished us with no Connecticut authority, nor are we aware of any, that allows a party to avoid payment of a judgment on the basis of impossibility of performance due to lack of funds." Id., at 359.
The court in Barnett also held that the record did not support the defendant's contention that he could not satisfy that portion of the agreement. Id.