Lisa Baumstein v. Kenneth Baumstein (2010)

MEMORANDUM OF DECISION de COMPLIANCE HEARING

In a decision dated September 30, 2009 this court found the defendant in contempt of court for failing to pay auto expenses as provided in the judgment.   The arrears of $12,984 was ordered to be paid by February 1, 2010 with a compliance hearing ordered for said day.   Plaintiff's counsel was awarded $1,000 payable in thirty days.

In the other decision also rendered on September 30, 2009 the court granted the defendant's motion for modification and the court found an arrears of alimony totaling $19,500.

The court then noted

To his credit he continued to pay the full order for twelve months after his second reduction in income.

The court ruled on the plaintiff's motion (115) that he was not wilfully refusing to pay the alimony arrears but was unable to continue to pay and was not in contempt on that issue.

The hearing to determine compliance began and on February 26, 2010 the court determined some risk of incarceration existed and the court recessed the compliance hearing until an attorney could be appointed to represent the defendant.   Counsel was appointed and accepted.   The hearing was resumed on June 8, 2010 and concluded on June 24, 2010 when the court took the papers and reserved decision except the court appointed attorney was released from any further duty to represent the defendant.

The plaintiff brought a new motion dated October 23, 2009(129) alleging that the defendant failed to pay the modified October alimony installment and the $500 due on the arrears.   The plaintiff brought a second new motion dated November 3, 2009(130) alleging the defendant's failure to maintain life insurance policies as required by their separation agreement incorporated in the judgment.   A third motion for contempt was brought by the plaintiff dated November 3, 2009(131) alleging the defendant's failure to pay the $1,000 attorneys fee described above.   The three new motions were disposed of by agreement (132.10) dated November 30, 2009 submitted to the court (Shay, J.).   On said date the court approved the settlement.

On June 3, 2010 the defendant filed a motion to modify his obligation to contribute to college expenses.   On July 19, 2010 the motion was denied (Malone, J.).   The court did find an arrearage of $6,140 due the plaintiff but no contempt was found and an allowance for attorneys fees requested by plaintiff's attorney was denied.

The court conducting the compliance hearing has summarized the subsequent activities in this file.   The court declines to make any orders concerning compliance.   Any orders outstanding before the compliance hearing remain.

BY THE COURT

HARRIGAN, J.T.R.

Harrigan, Dennis F., J.T.R.