Susan Drucker v. Eric Drucker (2011)

ORDER RE PLAINTIFF'S MOTION FOR CONTEMPT CODED 113

The first mortgage is presently in arrears.   As of October 2, 2011, there were 11 overdue payments of $2,141.84 each for total $23,560.24.   The total amount required to reinstate the mortgage as of October 2, 2011 is $25,210.76.

The burden of proof inability to comply with a court order rests upon the obligor.   The court finds that the defendant has not met that burden of proof and finds he is in violation of the court order entered on the July 6, 2010 and coded 113.   The court has exercised its discretion in not finding the defendant in contempt.   The court however does allow the counsel fees to counsel for the plaintiff in the amount of $2,500 that is to be paid from the defendant's share from the closing of the home.   If the defendant shares that adequate to pay that amount as well as to pay his arrearage on the mortgage then those obligations survive the closing of the home.

Sidney Axelrod, Judge Trial Referee

Axelrod, Sidney, J.T.R.