28 A.3d 495
Del. Fm. Ct.2011Background
- June 1, 2010 Family Court order required Husband to pay Wife $43,578.25 within 150 days (by Oct 31, 2010).
- Oak Lane Property was excluded from Family Court jurisdiction and not linked to the $43,578.25 payment.
- Post-judgment motions followed (reargument/correct clerical error); Husband then sought a stay; Wife also filed related motions.
- January 3, 2011 order amended the ancillary amount from $43,578.25 to $38,251.15 and required payment of $10,860 in Wife’s fees; timing specified.
- Husband deposited $43,578.25 with his attorney in Oct 2010; funds not delivered to Wife until Jan 12, 2011 after amended order.
- Court ultimately held Husband in civil contempt for failing to pay the original amount by Oct 31, 2010 and awarded Wife $1,440 in attorney’s fees for the Rule to Show Cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-judgment motions stayed the order. | Wife: stay applicable per Rule 62; motions to reargue/correct should toll obligation. | Husband: mere filing does not automatically stay judgment; stay requires proper showing. | Motions did not automatically stay; contempt analysis proceeded. |
| Whether nonpayment by due date violated the order and, thus, warranted contempt. | Wife: failure to pay by Oct 31, 2010 violated the order and warranted contempt. | Husband: payment delayed due to pending motions; argued stay or deferment. | Husband found in civil contempt for failing to pay by due date. |
| Whether Wife is entitled to attorney’s fees for the Rule to Show Cause and the proper rate/hours. | Wife seeks fees for Sep 1, 2010–Mar 16, 2011; argues reasonable hourly rate. | Husband: challenge to hours; argues lower rate appropriate. | $1,680 total awarded for 4.8 hours at $300/hr (adjusted from 5.7 hrs at $350) and $1,440 payable to Wife's attorney; rate deemed reasonable given prior awards. |
Key Cases Cited
- Evans v. Buchanan, 435 F. Supp. 832 (D. Del. 1977) (civil contempt standards and remedial purposes of contempts in civil matters)
- Albro v. County of Onondaga, 681 F. Supp. 991 (N.D.N.Y. 1988) (reliance on contempt standards and remedies in civil proceedings)
- Barzingus v. Wilheim, 306 F.3d 17 (10th Cir. 2010) (motion to compel arbitration standard related to court discretion for relief from judgment)