Opinion
FSTFA134024700S
09-02-2016
Dara Tyson v. David Weisman
UNPUBLISHED OPINION
MEMORANDUM OF DECISION RE PLAINTIFF'S POST JUDGMENT MOTION FOR CONTEMPT [#180], DEFENDANT'S POST JUDGMENT MOTION FOR CONTEMPT [#182.01]
Irene P. Jacobs, J.
The plaintiff's April 12, 2016 motion for contempt alleges that the defendant failed to comply with the court's order of March 16, 2015, [#177] Tindill, J., that he apply $1,250.00 per month of his monthly alimony obligation of $4,250.00 towards the parties' joint credit line and People's Bank credit court balances until the plaintiff's 50% indebtedness on said debts is satisfied, and that he resume full alimony payments upon satisfaction of said debts. The plaintiff alleges that the defendant has failed to pay her alimony totaling $3,750.00.
The plaintiff also alleges that the defendant did not maintain a $250,000.00 life insurance policy which named the plaintiff as beneficiary and in that the defendant did not pay 15% of the college loans of their daughter Johanna, as ordered by the court on April 22, 2014, [#174] Shay, J.
The defendant's April 29, 2016 motion for contempt alleges that the plaintiff violated this court's order of March 16, 2015 in that she has made no payments toward mortgage arrearages totaling $70,143.15 on the 30 Mill Valley Lane home. The defendant requests that the plaintiff be ordered to pay the mortgage arrearages, to reimburse the defendant for items damaged while she was in exclusive possession of the home, to pay the defendant's reasonable costs for the preparation and prosecution of this motion, to pay $100,000 for the defendant's damaged credit score. The defendant also requests a reduction in alimony payments until the plaintiff has reimbursed the defendant for the damage to his home and to his credit score. The motions were heard by the court on May 16, 2016. Both parties were present in court and represented by counsel. Both parties testified. The court has considered the testimony of the parties and the exhibits entered into evidence.
PLAINTIFF'S POST JUDGMENT MOTION FOR CONTEMPT [#180]
Alimony
Pursuant to the April 22, 2014 order [#174], the defendant was ordered to pay the plaintiff $4,250.00 in monthly alimony. On March 16, 2015, the court modified the alimony order to the extent that the defendant was authorized to apply $1,250.00 per month of the $4,250.00 monthly alimony toward the satisfaction of the plaintiff's fifty per cent share of a People's Bank credit card debt and a line of credit debt. [#177.] The court found the credit card balance to be $21,505.93 and the arrearage on it to be $2,392.30. In addition, the defendant was ordered to provide the plaintiff with written documentation of the satisfaction of the plaintiff's share of the debt and to resume paying her alimony of $4,250.00 per month upon satisfaction of her debt. [#177.] The court ordered the defendant to either provide the plaintiff with documentation of the payments he was making toward the satisfaction of her debt or to give the plaintiff access to the operative account.
The plaintiff testified that the total of the joint debt as $23,898.23, with her fifty per cent share being $11,949.12. She testified that, according to her calculations, the defendant should have satisfied her debt in January or February of 2015. Although he made partial alimony payments beginning in March 2015, he did not restore full alimony payments until May of 2015, and now owes her $3,750.00.
Entered into evidence was a November 14, 2015 letter from the plaintiff to the defendant inquiring whether the debt had been satisfied. [Exhibit 4.] The defendant's response stated, " When you are fully paid per the court order I will reinstate full alimony." [Exhibit 7.]
The defendant testified that he calculated that in addition to the debt figures found by the court, the plaintiff's debt also included interest and late fees. He testified that he has been " holding back" amounts from alimony payments in order to satisfy said recalculated debts.
Life Insurance
The plaintiff asks this court to find the defendant in contempt for not providing her with documentation of $250,000.00 life insurance, required by section of the April 22, 2014 order of this court. The plaintiff requests that this court order the defendant to provide annual documentation of the maintenance of said policy.
The defendant testified that he in fact maintains the policy as ordered but, pursuant to the order, he did not have the obligation to provide the plaintiff with documentation of it. However, he testified, he has recently provided the plaintiff with the documentation. The plaintiff testified that she was in receipt of said documentation.
College Loans
The plaintiff asks this court to find the defendant in contempt for not paying 15% of the college loans of their daughter Jordanna, as ordered on April 22, 2014 [#174], Shay, J. The defendant testified that the plaintiff's parents paid off the loans without consulting him, and that the court did not order him to make payments to the plaintiff or to her parents.
In making its findings and reaching its decision as set forth below, the court has considered the April 22, 2014 and March 16, 2015 orders of the court; the testimony, demeanor and credibility of the parties; the exhibits, the parties' financial affidavits and the applicable case law.
Findings
1. The defendant was served in hand as attested to by Marshal Kemp on April 20, 2016.
2. The order entered on March 16, 2015 by Judge Tindill was a valid order.
3. The order entered on April 22, 2014 by Judge Shay was a valid order.
4. The plaintiff has established by clear and convincing evidence the existence of said orders.
Alimony
5. The order entered on March 16, 2015 by Judge Tindill clearly and unambiguously ordered the defendant to apply $1,250 of the monthly $4,250.00 alimony toward satisfaction of the plaintiff's debt as determined by the court, to provide the plaintiff with documentation of his payments toward the debt, and to inform the plaintiff in writing when the debt was satisfied.
6. The joint debt as of March 16, 2015 as determined by the court was $23,898.23.
7. The plaintiff's 50% share of the joint debt was $11,949.12.
8. If payments of $1,250.00 a month toward the joint debt had been made beginning as of March 16, 2015, the debt would have been satisfied by January 16, 2016.
10. As of January 16, 2015, the defendant was obligated to pay full monthly alimony payments of $4,250.00 to the plaintiff.
11. Between January 16, 2015 and May 16, 2015, the defendant did not pay the plaintiff $4,250.00 in monthly alimony.
12. The defendant is in breach of said order.
13. The defendant's conduct does not rise to the level of contempt.
14. The defendant owes the plaintiff $3,750.00 in alimony for the period of time between January 16, 2015 and May 16, 2015.
Life Insurance Policy
15. The order entered on April 22, 2014 by Judge Shay clearly and unambiguously ordered the defendant to maintain a $250,000.00 life insurance policy with the plaintiff as beneficiary.
16. The plaintiff's testimony that she is in receipt of documentation of the required life insurance policy defeats her allegation that the defendant failed to fulfill the obligation imposed by this order.
College Loans
17. The order entered on April 22, 2014 by Judge Shay clearly and unambiguously ordered the defendant to pay 15% of Jordanna's college loans.
18. The plaintiff took out college loans for Jordanna.
19. The plaintiff's parents paid off said loans.
20. The defendant has not paid 15% of Jordanna's college loans.
21. The defendant is in breach of a valid court order ordering him to pay 15% of Jordanna's college loans.
22. The defendant's conduct does not rise to the level of contempt.
23. In issuing the orders below, this court exercises its equitable powers to fashion whatever postjudgment orders are required to protect the integrity of the court's original judgment. Lawrence v. Cords, 165 Conn.App. 473, 139 A.3d 778 (5/17/16), cert. denied, 322 Conn. 907, 140 A.3d 221 (6/19/16).
Orders
1. The plaintiff's motion for contempt is denied.
2. Beginning in 2017, on or before September 1 of each year, the defendant shall provide the plaintiff with written documentation from the issuing institution of the maintenance of a $250,000.00 life insurance policy with the plaintiff as beneficiary.
3. Within thirty days of the date of this decision, the plaintiff shall provide to the defendant written documentation, from the lending institutions, of the total amounts of any and all college loans for Jordanna, specifying the amounts of the loans, the payments made on the loans, and the dates on which said all such payments were made, and the amounts paid to discharge said loans. Said documentation shall be mailed to the defendant via certified mail, return receipt requested.
4. Within thirty days of his receipt of said documentation, the defendant shall make monthly payments of $417.00 to the plaintiff until his responsibility for 15% of said college loans has been satisfied in full.
5. Within thirty days of the date of this decision, the defendant shall pay to the plaintiff $3,750.00, the portion of the monthly restored alimony not paid between January 2015 and May 2015.
DEFENDANT'S POST JUDGMENT MOTION FOR CONTEMPT [#182.01]
The home at 30 Mill Valley Lane was jointly owned. The two mortgages on the home were both in the defendant's name. On April 22, 2014, the court granted the plaintiff exclusive possession of the home, and ordered her to pay all mortgages and to indemnify the defendant and hold him harmless from any liability. In the March 16, 2015 hearing, the plaintiff testified that she had made partial payments on the mortgage arrearages. The court found to be in violation of the court's April 22, 2014 order in that she failed to pay mortgage arrearages of $6,247.31 as of December 30, 2014 and $7,862.64 as of February 6, 2015. The court also ordered the plaintiff to vacate the home by May 15, 2015.
Mortgage Arrearage Payments
The defendant testified that the plaintiff failed to make mortgage payments from April 22, 2014, the date of the judgment of dissolution, to May 15, the date of the plaintiff's leaving the home, as ordered by the court. The plaintiff did not dispute the defendant's allegations of nonpayment. The defendant claims that the current arrearages are $59,592.00 for the primary mortgage and $10,551.15 for the secondary mortgage. However, the documents from Shellpoint Mortgage Servicing [Exhibit C] and Equifax [Exhibit D] do not provide the court with sufficient evidence to support the arrearage amounts claimed by the defendant.
Damage to Property and Credit Score
In his motion, the defendant claims that items in the marital home were vandalized while the plaintiff had exclusive possession of it. However, no evidence of the allegedly vandalized items was presented at the hearing of the defendant's motion.
The defendant's motion also asks this court to order the plaintiff to pay the defendant $100,000.00 in damages for the defendant's allegedly destroyed credit score. However, no documentation of the defendant's actual credit scores was presented at the hearing of the defendant's motion.
The court declines to fashion the remedial orders requested by the defendant in his motion.
Findings
1. The plaintiff was served in hand as attested to by Marshal Kemp on April 20, 2016.
2. The order entered on March 16, 2015 by Judge Tindill was a valid order.
3. Said order was clear & unambiguous, ordering the plaintiff to pay mortgage arrearages of $6,247.31 as of December 30, 2014 and $7,862.64 as of February 6, 2015. The court also ordered the plaintiff to vacate the home by May 15, 2015.
4. The defendant has established by clear and convincing evidence the existence of said order and the plaintiff's failure to fulfill the obligations imposed by this order.
5. The defendant has not established by clear and convincing evidence that the plaintiff's failure to fulfill the obligations imposed by this order rises to the level of contempt.
6. The motion for contempt is denied.
7. The plaintiff is in breach of valid court orders ordering her to pay the mortgage arrearages.
Orders
1. Beginning on October 1, 2016, the defendant shall be authorized to apply $1,250.00 of the $4,250.00 monthly alimony ordered by the court on April 22, 2014 to the $6,247.31 and $7,862.64 arrearages found by the court on March 16, 2015 until such arrearage amounts are paid.
2. Within ten days of each such application payment, the defendant shall provide the plaintiff with written documentation of payments made toward said arrearages.
3. While said arrearage amounts are being paid, the defendant shall pay $3,000.00 per month to the plaintiff in alimony.
4. When said arrearage amounts have been paid in full, the defendant shall resume paying monthly alimony of $4,250.00 to the plaintiff.