Elizabeth A. Gaary v. Patrick J. Gillis (2011)

MEMORANDUM OF DECISION

The court having heard the defendant's motion to reargue his motion for contempt regarding alimony finds the plaintiff violated a clear order as to the amount and payment of alimony to the defendant.   The issue is has the plaintiff wilfully disobeyed the court order?   The court finds that the plaintiff had received an income tax refund in excess of $100,000 and that she did not deposit the funds into a bank account or paid the defendant alimony but rather paid various expenses and retained some of the said tax refund proceeds in bank checks for an inappropriate length of time.   The plaintiff having ample funds wilfully did not pay the defendant alimony.   Therefore, the plaintiff is held in contempt for the nonpayment of alimony.   The outstanding sum of $13,000 of the amount due the defendant together with reasonable attorneys fees incurred by the defendant in the amount of $2,500.00 is ordered to be paid to the defendant's attorney, Attorney Katz as trustee for the defendant.   However, one-half of the $13,000 or $6,500 is ordered to be paid to Attorney Charles as guardian ad litem pursuant to an existing court order.   Thus, $9,000 is to be paid to Attorney Katz as trustee and $6,500 to be paid to Attorney Charles, GAL. These sums of money shall be paid by January 15, 2012.

MALONE, J.

Malone, John P., J.T.R.