CRAWFORD v. CRAWFORD, No. TTD FA 09 4010548 (Sep. 1, 2011)

KLACZAK, J.T.R.

The parties have filed post-trial motions for Contempt raising the issue of post-judgment alimony as provided for in Section 2 of their separation agreement. That section provided for the husband to pay alimony of $310 weekly with provisions for increasing alimony on July 1, 2010, August 1, 2010 and September 1, 2010 if the marital home has not been sold by those dates (As of the hearing date of July 21, 2011, the house has not been sold.) There is also a provision in the agreement that the automatic increases in alimony are not triggered if the wife refuses to agree to a price reduction recommended by the realtor and agreed to by the husband.

Unfortunately, the parties distrust each other and are not communicating with each other. The result is an accusation by the husband that the wife has blocked a prospective sale and a cross-accusation that the husband has done the same.

They are both wrong. The listing realtor quite credibly testified that neither party tried to sabotage a sale, but the property is not readily saleable and little interest has been shown. The one and only prospective buyer changed his mind during the time it took for each of these parties to respond to the counteroffers.

Since there is no fault by either party for the non-sale there is no justification for the husband not paying the increased alimony payments in accordance with the stipulated judgment.

Accordingly he has an alimony arrearage as follows:

a. $1,039 for the period July 1, 2010 through July 3, 2010.

b. $1,905 for the period August 1 through August 31, 2010

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c. $24,840 for the period September 1, 2010 through July 20, 2011

d. $5,950 for the period July 27, 2011 through August 31, 2011

e. $850 per week from September 7, 2011.

Interest is not awarded on the alimony arrearages.

Said arrearage to be paid within forty-five days of this decision.

The contempt motion for the defendant's failure to pay taxes and mortgage had been withdrawn as these bills have been paid.

Attorneys fees are not awarded.

The Court will retain jurisdiction over the sale of the marital home, however the parties and the attorneys are urged to communicate and cooperate to expedite the sale of the marital home and to bring closure to this dispute.

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