Mari–Jean Segal v. Jeffrey A. Segal (2011)

MEMORANDUM OF DECISION

In post-judgment motion # 142, dated March 7, 2011, but filed on April 8, 2011, the plaintiff alleged that the defendant is in contempt for failure to comply with the child support orders and orders of repayment for other unreimbursed expenses.   During the pendency of this motion, this court ordered the parties to exchange all discovery by June 8, 2011.

A hearing was held on the motion on July 27, 2011, at which both sides were represented by attorneys.   The parties stipulated that all the outstanding payments had been made by the time of the hearing and the only issue to be litigated was whether the plaintiff should be granted to attorneys fees for having to bring these motions.   The plaintiff claims legal expenses of $6,300.

During the hearing, defense counsel admitted that the defense had not complied with this court's order to turn over discovery items by June 8. This in turn has lead to unnecessary litigation and delay, and thus added to the plaintiff's legal expenses.   Furthermore, after appraising the defendant's testimony, it is clear to this court that his delayed payment was wilful and that he further increased the length of the hearing by his evasive and non-responsive answers, which further increased the plaintiff's legal expenses.   Therefore, the court orders him to pay $2,000.00 in attorneys fees to the plaintiff's attorney within thirty days of this order.

BY THE COURT

Jack W. Fischer, Judge

Fischer, Jack W., J.