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Yin v. Yin

Superior Court of Connecticut, Judicial District of Stamford-Norwalk, Stamford

April 25, 2016

Fannie Yin
v.
Atony Yin Opinion No. 133483

          MEMORANDUM OF DECISION RE PLAINTIFF'S PENDENTE LITE MOTION FOR CONTEMPT (#108.00) FOR NONPAYMENT OF ALIMONY AND DEFENDANT'S PENDENTE LITE MOTION FOR MODIFICATION OF ALIMONY ORDER (#116.00)

          Colin, J.

         Introduction

         The court conducted an evidentiary hearing on the motions named above on December 7, 2015; February 1, 2016; and April 21, 2016. The hearing dates were separated for reasons discussed below. Both parties testified and many documents were introduced into evidence. The plaintiff has been represented by counsel throughout these proceedings. The defendant was self-represented at the start of the hearing but hired counsel to represent him between the first and second day of the hearing. The court has considered the evidence presented, the judicially noticed court file and all relevant law. As a result, the following factual findings are made.

         I.

         Factual Findings

         A.

         Background

         This case was returnable to this court on August 25, 2015. The parties were married 30 years ago on June 9, 1985 and have been living separate from each other since 2008. They have no children under age 23. Before the filing of this case, while the parties were living separate and apart, the defendant was paying the plaintiff's rent, car loan, internet, cable, cell phone, car tax and car insurance. On September 4, 2015, after an evidentiary hearing, this court ordered the defendant to pay temporary alimony to the plaintiff in the amount of $2, 250 per month, starting October 1, 2015, but retroactive to August 1, 2015. The plaintiff was represented by counsel at the temporary alimony hearing and the defendant represented himself. This retroactive order created an immediate arrearage for two months of $4, 500. The court ordered the arrearage to be paid at the rate of $225 per month As a result, the total order to be paid was $2, 475 per month.

         On October 19, 2015, the defendant's first motion for modification of the temporary alimony was denied (Jacobs, J.) when the defendant did not appear in court to prosecute his motion.

         On October 26, 2015, after hearing a contempt motion filed by the plaintiffs, the defendant was ordered (Jacobs, J.) to pay $2, 475 to the plaintiff by November 2, 2015 or he would be held in willful contempt.

         The defendant filed a second motion for modification but withdrew it on October 27, 2015 (#106).

         On November 12, 2015, the plaintiff filed another contempt motion. The motion alleges that the defendant has failed to comply with this court's temporary alimony order (Colin, J.) entered on September 4, 2015 and the additional payment order (Jacobs, J.) entered on October 26, 2015.

         On December 7, 2015, this court denied the defendant's third motion for modification after finding that the defendant had failed to prove a substantial change in circumstances The defendant testified that on the same date that this court entered its temporary alimony order, the defendant's employment with J.P. Turner & Company was terminated per his request.

         Also on December 7, 2015, the court started a hearing on the plaintiff's motion for contempt (#108.00). At that hearing, the defendant testified that for several years he had been making voluntary payments to his wife in amounts in excess of $2, 000 per month but that he stopped those payments once he heard that his wife had retained an attorney. The defendant admitted that he read the court's temporary alimony order, understood it and failed to comply with it. The parties agreed on the record in open court on December ...


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