Christopher Appleton v. Michelle Appleton (2011)

MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR CONTEMPT, DATED APRIL 7, 2011

Prior to October 12, 2010, the plaintiff and the defendant occupied military housing in Groton, Connecticut.   Plaintiff, being in the military, received $1,660 per month housing allowance.

Plaintiff and defendant lived in said housing with their children from October 20, 2005 until March 2010, when plaintiff vacated said premises.   However, defendant continued to reside there with the three minor children of the parties and a minor son of the defendant from a prior relationship.

On October 12, 2010 a judgment dissolving the marriage of the parties was entered and a marital separation agreement dated on October 12, 2010 was incorporated in and made a part of said judgment.

Paragraph 1 of said agreement provided that the defendant would remain in said housing until January 1, 2011.   Paragraph 10 provided that defendant would receive 50% of plaintiff's income tax refund for 2010.

Plaintiff's motion for contempt seeks damages from defendant for $6,086.67 of his loss of housing allowance for the months defendant remained in said housing after she failed to vacate per the judgment;  namely, February, March, April and $1,100.67 for part of May.

In addition, plaintiff seeks $1,710 he paid for the cost of repairs for damages he alleged occurred while defendant and the children occupied said housing after plaintiff vacated same.

Plaintiff claimed that he allowed defendant to remain in said housing until January 31, 2011 but denies any further agreement to allow defendant to remain in said housing after January 31, 2011.

Defendant claims that it was understood that she did not have to move until she received her share of the 2010 income tax refund as she needed same to get another rental and also, by further agreement with the plaintiff, she was permitted to stay in said housing until the end of April.

Further she testified that when she asked plaintiff, at the request of her daughter Kaitlin, if they could stay in said housing until June when she would finish her school year, he replied, “No, I need the money and you have until the end of April.”

Rose M. Trask, defendant's mother, called as a witness for the defendant, testified that she was within three feet of the parties when the above was discussed and confirmed that plaintiff said defendant had until the end of April.

As to the damage to said housing, defendant claims this was done while the parties lived together with their children and refused to make any payment towards the repair.   She further claimed she cleaned the premises as best she could before she moved out.

After hearing the testimony and claims of the parties, the court assesses more credibility to defendant's testimony.

Accordingly, the court finds and orders that:

1. Plaintiff's motion for contempt, claim for housing allowance referred to in motion and attorneys fees are denied.

2. The defendant is responsible for $855.00, 50% of the cost of repairs to said housing since most occurred while both parties lived together in said house.

No order is made as to how said amount is to be paid as no evidence was presented as to defendant's income and or ability to pay.   Therefore, unless the parties can agree as to a method of payment, the court will retain jurisdiction as to this issue.

Vasington, J.T.R.

Vasington, Paul M., J.T.R.