Trial court should have imposted a constructive trust, rather than a money judgment over the appropriate amount of pension funds where husband died prior to division. Use of a constructive trust would prevent unjust enrichment by the second wife.
Trial court should have imposted a constructive trust, rather than a money judgment over the appropriate amount of pension funds where husband died prior to division. Use of a constructive trust would prevent unjust enrichment by the second wife.
Where parties stipulated to non-modifiable maintenance, Wife had a claim against Husband’s estate for unpaid portion at his death.
(1) No contempt where person is unable to pay. (2) Burden of proof is on defendant to show his conduct was not contemptuous.
To prove contempt, wilful design to avoid payments must be shown – arrearages alone are not sufficient.
Court has broad powers, independent of contempt proceedings to enforce its judgment. The trial court can apply any remedy customarily available to courts of equity and appropriate to a particular case.
(1) Divorce court can use contempt powers to enforce judgment. (2) Rights between parties are enforced by civil contempt. (3) Contemnor entitled to hearing with findings of fact of what he failed to do, that he had the ability to do it and what he must do to purge.
Criminal, rather than civil rules, apply to appeal for prosecution by FCC for non-payment of child support.
Courts have inherent power to hold in contempt those who disobey court orders – disobedience of a lawful court order constitutes contempt of court – in this case, for moving child without informing mother of child’s whereabouts.
Remedial contempt can be imposed where defendant received notice of hearing, but did not appear at hearing.