In September 2011, the husband was laid off. However, as part of a severance package, he received 104 weeks of pay in the gross amount of $229,424.00. From said severance pay, the husband continued to make alimony payments until February 2012. During that time he paid a total of approximately $12,500.00. The Court found that the husband spent the remainder of the severance on personal expenses, including, among other things, credit card debt and boat slip fees. Although the husband began receiving unemployment compensation in March of 2012, he did not resume making alimony payments, and by May of 2012, was in arrears by approximately $8,500.00.
The Court’s Decision
The court found that in light of the husband’s severance pay, he had sufficient funds to make the required alimony payments. As the court explained, the husband was not relieved of his obligation simply because he spent the majority of the funds on personal expenses.
Notably, the court also denied the husband’s motion to modify his alimony obligation. The court explained that if a party’s culpable conduct causes an inability to pay an alimony award, the threshold question of whether a substantial change in circumstances exists is not met. In this case, the court found that the husband’s inability to pay alimony was the result of his own culpable conduct in that he spent his severance on his own personal expenses rather than setting aside an appropriate amount to cover his alimony obligation.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well.
If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.
