T.H. v. M.B.

• Docket Number: Index No. XXXXXX/20XX
• Decision Date: 17 May 2023
• Parties: T.H., Plaintiff, v. M.B., Defendant.
• Court: New York Supreme Court

2023 NY Slip Op 23166

T.H., Plaintiff,
v.
M.B., Defendant.

Index No. XXXXXX/20XX

Supreme Court, New York County

May 17, 2023

Plaintiff-Husband is represented by Law Offices of Andreas Vasilatos, Benjamin Scott, Esq.

Defendant-Wife is represented by Peter Lomtevas, Esq.

KATHLEEN WATERMAN-MARSHALL, J.S.C.

Plaintiff T.H. ("Husband") moved, by Order to Show Cause, for an order finding Defendant M.B. ("Wife") in contempt of court for willful non-compliance with the Court's orders directing her to pay monthly pendente lite child support and maintenance. By Decision and Order dated March 30, 2023, this Court found, pursuant to Judiciary Law Section § 753(3), the Wife guilty of civil contempt for her willful non-compliance with the terms of the orders of this Court by failing to pay monthly pendente lite spousal support in the amount of $13,212 ($734 per month from August 1, 2021 through January 1, 2023) and pendente lite child support in the amount of $38,367 ($1,827 per month from August 1, 2021 through April 1, 2023), amounting in all to $51,579, less a credit of $3,050 for support paid, for total arrears due in the sum of $48,529 ($51,579 - $3,050). The Court gave the Wife until April 28, 2023, to purge her contempt by paying the Husband the sum of $24,264.50, or half of the full arrears due, or be subject to further sanction, including arrest.

This matter reconvened on April 28, 2023, and the Wife did not fully purge her contempt. She paid a total of $3,500. On the same day, this Court issued an Order of Commitment committing the Wife to the Custody of the Sheriff of New York County for delivery to the New York City Department of Corrections to be held for a maximum term of THREE (3) weeks commencing April 28, 2023, unless she purged herself of her contempt by payment of the sum of $20,764.50 to the Husband. By Amended Order of Commitment dated May 16, 2023, the Court modified the Wife's incarceration term to NINETEEN (19) DAYS, commencing April 28, 2023 and ending on.

On, the Wife was discharged from the custody of the New York City Department of Corrections. The Court now finds that the Wife has satisfied her purge amount of $20,764.50 by completing her incarceration period of nineteen days.

It is well-settled that "[i]n civil contempt [proceedings], the civil contemnor is said to hold the keys to the prison because they have the ability to end the incarceration upon compliance with the Court's order" (Crocker C. v Anne R., 58 Misc.3d 1221 (A), 1222 [Sup Ct Kings County 2018]). Thus, the court will permit the contemnor "to purge his contempt...