Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: ability to pay

Domestic Relations – Civil Practice – Contempt – Ability to Pay – Commitment Order – Jurisdiction (access required)

Washington v. Mahbuba The plaintiff-husband was ordered to pay $1,250 of the defendant-wife’s attorney’s fees. When he failed to pay, the trial court found that the husband had taken no steps to pay the amount due or to arrange to pay, that he had been continuously employed earning over $30,000 per year, that he had been contributing $200 per month to his retirement plan, that he had a retirement account with at least $19,000, and that he had had no extraordinary expenses that would have precluded his compliance with the court’s order. The trial court did not err in determining that the husband had an ability to comply with the court’s order.

Read More »

Domestic Relations – Alimony – Civil Practice – Contempt – Cost-of-Living Increases – Evidence – DOL Website Printouts – Ability to Pay – Attorney’s Fees (access required)

Blackburn v. Bugg In support of her claim for cost-of-living increases to her alimony – which were called for in the parties’ premarital agreement – plaintiff presented computer printouts from the U.S. Department of Labor’s website. Even if defendant had preserved the issue of authentication for appeal, plaintiff’s testimony about obtaining the printouts from the DOL website and the “UNITED STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS” heading on the printouts were sufficient to prove that the computer printouts were what plaintiff purported them to be. Moreover, the consumer price index information set forth in the computer printouts is public information subject to judicial notice.

Read More »

Domestic Relations – Equitable Distribution – Distributive Award – Ability to Pay – Interest  (access required)

Smith v. Smith The trial court found that the plaintiff-husband had $176,000 equity in the marital home; moreover, the trial court distributed to the husband $33,662 in “liquid, non-tax-deferred assets.” Therefore, the trial court did not err in determining that the husband “has the ability to make the [$110,575] distributive award.”

Read More »

Civil Practice – Order Closing Case – Rule 41 – Administrative Closure – Domestic Relations – Post-Separation Support – Ability to Pay – Contempt (access required)

Dillingham v. Dillingham The plaintiff-wife showed that the defendant-husband had $50,000 in IRA accounts during the time that he was $22,500 in arrears in post-separation support. The husband failed to present evidence of any impediment to his access to the IRA accounts or any penalty he would incur if he withdrew funds. The evidence supports the trial court's finding that the husband's failure to pay post-separation support was willful. We affirm the trial court's order holding the husband in civil contempt of consent orders requiring him to pay post-separation support.

Read More »

Domestic Relations – Alimony – Insufficient Findings – Expenses – Ability to Pay – Duration (access required)

Fennell v. Fennell. Because the trial court failed to make sufficient findings of fact to support its conclusion that the plaintiff-wife is entitled to alimony and to explain the manner and duration of the ordered payments, we cannot effectively review the alimony order on appeal.

Read More »