Pursuant to the original judgment of dissolution, the ex-husband was obligated to pay the wife child support in a designated amount each week, plus 41% of any work related child care costs. He was also obligated to pay a designated sum in alimony for a period of eight years, plus an additional $1.00 per year for thirteen and one-half years thereafter.
At trial, the ex-wife presented evidence showing that she incurred work related daycare expenses in the amount of $42,674.00 between 2005 and 2010. She further claimed that the husband did not reimburse her for his portion. The ex-husband testified that he assumed his ex-wife was working, but did not know she would need paid daycare since in the past she had used relatives or live-in nannies. However, the ex-husband also admitted that he received various daycare records and bank statements from his ex-wife, but- indeed- did not reimburse her.
The Court’s Decision
In reviewing the law regarding motions for contempt, the Court explained that a movant must demonstrate not only that the non-moving party violated a court order, but that his or her conduct was willful. The Court noted that a finding of contempt was appropriate in this particular case because the defendant failed to offer a valid excuse for not paying for daycare even after receiving formal notice from his ex-wife.
Citing Connecticut General Statutes § 37-3a, the Court also Ordered the ex-husband to pay to his ex-wife statutory interest in the amount of 6% per year on the amount due, commencing on the date of its decision. Exercising its discretion under Connecticut General Statutes § 46b-87, the Court further Ordered the ex-husband to pay the ex-wife counsel fees as an additional penalty for his noncompliance.
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