Stephen Keller v. Cheryl Keller

Summary

The Appellate Division, Third Department, held that a former spouse could seek civil contempt under Domestic Relations Law § 245 and Judiciary Law § 756 without first exhausting other enforcement remedies. The court found clear and convincing evidence that the husband knowingly failed to pay a contempt fine representing the wife's equity in the marital home, but remitted for determination of the husband's inability-to-pay defense and appropriate penalties and purge conditions.

Holdings

1. A spouse seeking contempt under Judiciary Law § 756 for nonpayment of a sum required by a divorce judgment or order need not first pursue other enforcement remedies or demonstrate that no other adequate remedy at law exists.
2. The wife established by clear and convincing evidence that the husband had actual knowledge of a lawful, clear, and unequivocal order, disobeyed it by failing to pay the fine, and prejudiced her rights; a finding of civil contempt was therefore justified.
3. The record was insufficient to determine whether the husband established an inability to pay the fine, so the matter had to be remitted for further proceedings addressing that defense and appropriate penalties and purge conditions.

Questions Presented

1. Whether the wife was required to exhaust other enforcement remedies or establish that they were inadequate before seeking civil contempt under Judiciary Law § 756.
2. Whether the record established the elements of civil contempt for the husband's failure to pay the $48,828.71 fine.
3. Whether the matter should be remitted for determination of the husband's asserted inability to pay and for consideration of appropriate contempt penalties and purge conditions.

Disposition

reversed_and_remanded