Mokri v. Salimi (2021) - Contempt for Unpaid Alimony

As we’ve discussed previously in earlier articles, developing a private settlement agreement can confer numerous benefits on those experiencing a divorce. One reason for this is because private agreements can simplify the property division process of divorce: without an agreement, the court necessarily becomes involved, and this type of litigation can rapidly become cost-prohibitive. Private agreements, at least when sufficiently detailed, can end up translating into significant financial savings; this is true despite the fact that these agreements almost always require expert legal assistance in order to create.

In the case of Mokri v. Salimi, an interesting situation arose involving a husband who claimed ignorance regarding the provisions of a particular settlement agreement. Let’s explore this case in a bit of detail below.

Mokri v. Salimi: Facts of the Case

The couple in this case were married for nearly 30 years. When the couple ultimately divorced, they developed and executed a private settlement agreement which contained an alimony provision. The provision stated that the husband would pay the wife a fixed monthly amount, but the also stated that this fixed amount would be increased the moment that the wife moved out of the marital home. The wife lived in the marital home for years, but then eventually vacated and moved elsewhere. The husband failed to pay his regular alimony payments, and then also failed to pay the elevated amount which was supposed to be triggered when the wife moved elsewhere. The wife petitioned the court to have the husband found in contempt (for nonpayment / failure to follow the agreement), and also to have the husband transfer back alimony.

The husband made several arguments in court. His first argument was that a proper “show cause order” was never served on him; this argument was defeated when the court determined that only the amended petitioned lacked a show cause order, not the original petition (from the wife). And, given that the amended petition was abandoned, the husband’s argument failed. The husband’s next argument was shot down because it was inconsistent: at times the husband argued that the wife never gave proper notice regarding her relocation, whereas at other times he argued that he was never aware of any alimony obligation at all. The court rejected this position.

Key Lesson: Failure to Pay Can Lead to Contempt

This case presents several lessons, but two stand out: for one, failure to pay alimony is a serious offense and can land someone in contempt of court. The other lesson is that litigants need to do adequate research prior to coming to court, and they also need to be sure to have their position remain consistent. The husband clearly had issues preparing for court adequately if he was unable to keep one of his key arguments consistent throughout the proceedings. In this situation, the assistance of a competent family law attorney would have been immensely valuable.

Contact the Murphy Law Firm for Additional Information

If you want to learn more, reach out to one of the leading family law attorneys at the Murphy Law Firm today by calling 240-493-9116.

‍