Court Drops Motion for Contempt Despite Failed Alimony Payments
by
Joseph C. Maya on May. 05, 2017
Divorce & Family Law Divorce & Family Law Family Law Lawsuit & Dispute Lawsuit
Summary: Blog post about a divorce case in Connecticut where the court dropped a contempt motion despite a failure by the defendant to make timely alimony payments.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
After due hearing, the Superior Court of Connecticut found that the defendant was not in contempt of court despite his failure to pay alimony of $1,000.00.
There are three steps the court must taken when considering a motion for contempt, that of which must be established by the plaintiff by clear and convincing evidence:
- determine whether a clear court order exists
- determine whether that order was violated by the party accused of doing so, and
- if the order was in fact violated, the Court must determine whether the violation was willful. See Brody v. Brody, 105 A.3d 887 (2015).
In review of the evidence presented, the circumstances surrounding the Defendant's admitted violation of court orders could not find the Defendant in willful contempt of the court.
The plaintiff was able to prove by clear and convincing evidence that the plaintiff had received court orders to pay alimony to the plaintiff in the amount of $1,000 on the first of every month. In addition, the violation of these orders was clearly established whereby the plaintiff had failed to make payments for three consecutive months. While the defendant received these orders in person, no official notice was provided to the client, which the court informed would be mailed to his address. This lack of notice, combined with the defendant's lack of legal representation, failed to establish the defendant's capacity to willfully violate the court's orders.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Cannon-Thomas v. Thomas, 2016 Conn. Super. LEXIS 982 (May 4, 2016)
