Jones v. Jones
| Decision Date | 08 September 2009 |
| Docket Number | 2008-07606.,2008-05032. |
| Citation | 2009 NY Slip Op 06405,65 A.D.3d 1016,885 N.Y.S.2d 323 |
| Parties | MARYANN JONES, Respondent, v. MELVIN W. JONES, SR., Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order dated April 3, 2008 is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order of commitment is reversed, on the law, without costs or disbursements, and that branch of the plaintiff's motion which was to adjudicate the defendant in willful violation of the pendente lite orders is denied.
Pursuant to Domestic Relations Law § 245, a spouse may be punished for contempt for failing to make payments pursuant to a pendente lite order, but it must appear "presumptively, to the satisfaction of the court," that payment cannot be enforced pursuant to Domestic Relations Law § 243 (sequestration), Domestic Relations Law § 244 (money judgment), CPLR 5241 (income execution) or CPLR 5242 (income deduction) (see Klepp v Klepp, 35 AD3d 386 [2006]; Higbee v Higbee, 260 AD2d 603 [1999]). Despite the availability of other enforcement methods, a defaulting spouse may be punished for contempt where "the record demonstrates that the alternative remedies would be ineffectual" (Rosenblitt v Rosenblitt, 121 AD2d 375 [1986]). Here, the plaintiff failed to show that other enforcement methods would not be effective to...
To continue reading
Request your trial
-
El-Dehdan v. El-Dehdan
...involving the nonpayment of maintenance or child support ( see e.g., Tarone v. Tarone, 104 A.D.3d 760, 960 N.Y.S.2d 329; Jones v. Jones, 65 A.D.3d 1016, 885 N.Y.S.2d 323; Capurso v. Capurso, 61 A.D.3d at 913, 878 N.Y.S.2d 754; Murray v. Murray, 269 A.D.2d 433, 703 N.Y.S.2d 402; Snow v. Snow......
-
C.G. v. R.G.
...with the support awards, Wife failed to properly plead and prove that alternative remedies would be ineffectual. See Jones v. Jones, 65 A.D.3d 1016, 885 N.Y.S.2d 323 (2d Dept.2009) ; See also, El–Dehdan v. El–Dehdan, 114 A.D.3d 4, 978 N.Y.S.2d 239 (2d Dept.2013). As Wife did not show that s......
-
Newmexico v. R.G.
...exhausted or would be ineffectual. See Wolfe v. Wolfe, 71 A.D.3d 878, 895 N.Y.S.2d 855 (2d Dept.2010); See also Jones v. Jones, 65 A.D.3d 1016, 885 N.Y.S.2d 323 (2d Dept.2009). Upon a finding of contempt, the Court may impose a period of incarceration. See Powers v. Powers, 86 N.Y.2d 63, 62......
-
Keller v. Keller
...Domestic Relations Law § 244 (money judgment), CPLR 5241 (income execution) or CPLR 5242 (income deduction)” (Jones v. Jones, 65 A.D.3d 1016, 1016, 885 N.Y.S.2d 323 ; see Klepp v. Klepp, 35 A.D.3d 386, 826 N.Y.S.2d 629 ; Higbee v. Higbee, 260 A.D.2d 603, 688 N.Y.S.2d 669 ). Thus, contempt m......