Ann D. Schrempf v. Michael Schrempf (2010)

MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR CONTEMPT # 4

Plaintiff filed a motion to find the defendant in contempt for his non-compliance with the provisions of paragraph 12(b) of the Agreement and Stipulation for Judgment dated April 9, 2010 which was incorporated in the judgment entered on that date.

Plaintiff alleges that she was to receive two-thirds (2/3) of the estimated tax account generally held at Bank of America after any tax payments due or paid following a 2009 joint tax filing and defendant was to retain the remaining one-third (1/3).

On the date of the aforesaid judgment, defendant's financial affidavit indicated a balance of $26,000 in the estimated tax account and plaintiff is seeking 2/3 of that balance.   Defendant alleges that she is only entitled to 2/3 of the remaining balance after the payment of the quarterly estimated federal and state taxes have been paid.   On April 9, 2010, defendant paid $18,625 on his federal tax estimate and $2,625 on his state tax estimate.   Any distribution from this account were to be made after the federal and state taxes had been paid.   This had been the practice for prior years.

It would be inequitable for the defendant to have deposited funds in the account for the payment of taxes and then have the funds diverted to the plaintiff.   Accordingly, plaintiff is only entitled to 2/3 of that account remaining after the payment of federal and state taxes.

Plaintiff's motion for contempt is denied.

Goldberg, JTR

Goldberg, Joseph H., J.T.R.