DocketNumber: No. FA84 28541
Citation Numbers: 1997 Conn. Super. Ct. 10974
Filed Date: 10/29/1997
Status: Non-Precedential
Modified Date: 4/18/2021
The Plaintiff moves the court to hold the defendant in contempt for nonpayment of periodic alimony and also asks for attorney's fees. The defendant moves for modification of the alimony order. On October 14 and 20, 1997, the court held an evidentiary hearing on this matter. The court finds the following facts.
On June 23, 1986, the court, Loiselle, J.T.R., rendered a judgment ordering the defendant to pay periodic alimony of $100.00 per week for two years and $50.00 per week thereafter. In its memorandum of decision, the court noted that the defendant was an optometrist with an active but declining practice. Presently, the defendant is on the verge of full retirement and his practice is losing money. Both parties are in their seventies and have chronic health problems. The defendant has failed to pay alimony since August 6, 1997.
Until recently, the plaintiff saved the alimony payments she received and invested these savings, along with other funds, in a certificate of deposit whose principal is around $51,000. Currently, the plaintiff utilizes the alimony payments to pay for her living expenses. This change has resulted from her inability to work as she formerly did.
The court finds that the defendant is in arrears for ten weeks for a total arrearage of $500.00. The court orders the defendant to be incarcerated until said sum is paid and stays execution of incarceration until January 11, 1998. The court also orders the defendant to pay the plaintiff's attorney's fees by CT Page 10976 January 11, 1998.
Applying the criteria set forth in G.S. §
___________, J.