Susan L. Morgan v. Jay T. Morgan (2011)

RULING ON MOTIONS FOR CONTEMPT # # 171 and 172

Having considered the testimony and evidence presented at a hearing on January 24, 2011, the court finds that inasmuch as the defendant has been making his weekly payments as reflected in the banking transaction history (Def.Ex. 1), the plaintiff's motion for contempt (# 171) is denied for failure of the plaintiff to establish a willful violation of a court order.   With regard to the $3,000 owed by the defendant, the court also finds no willful violation of a court order, but hereby ORDERS that the $3,000 be paid on or before April 30, 2011.

With regard to the defendant's motion for contempt (# 172), the court credits the plaintiff's testimony that her failure to receive the $3,000 as set forth above has hampered her ability to refinance the Niantic property and thus the court finds no willful violation of a court order on the part of the plaintiff.   The defendant's motion for contempt (# 172) is therefore, denied.   The court notes, however, that the July 7, 2008 order required the plaintiff to refinance the Niantic property within 30 months.   Because more than 30 months has now elapsed, and the property has not been refinanced to remove the defendant from the mortgage obligation, the property shall be listed for sale on or before April 30, 2011.

So Ordered this 7th day of April 2011.

Jongbloed, J.

Jongbloed, Barbara Bailey, J.