The Case
In this case, the court dissolved the marriage of the plaintiff father and defendant mother, and a stipulation agreement was incorporated into the judgment. Pursuant to its terms, the father was ordered, in part, to “maintain health insurance for minor child and pay any deductible amount.” The parties later agreed to place the child on the mother’s health insurance plan, as it provided better coverage.
Therefore, the father was required to pay his portion of the premium, or $1,000 per year. He made the required payments for the first few months, but failed to do so thereafter for a period of approximately six years. The mother repeatedly tried to communicate with the father regarding the nonpayment; however, he ignored these attempts. Even after the mother lost her job – and as such, her insurance – the father still failed to make any payments toward their child’s health insurance. This behavior led the mother to file a motion for contempt with the court.
Civil Contempt
Under Connecticut law, civil contempt is established when a movant proves, by the preponderance of the evidence, that a court order exists and that the other party willfully did not comply with its terms. In this case, the Superior Court stated that the court order regarding health insurance coverage was clear, unambiguous, and valid. The father received sufficient notice from the mother regarding the cost of the premiums, yet failed to provide assistance or health insurance coverage to his child for a prolonged period of time. Therefore, the Court found him in willful contempt, and ordered him to reimburse the mother in the amount of $6,000.
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.
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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.
