Opinion
File CN15-04357 Petition No.: 15-25117
10-17-2016
Re: M. E. F. v. M. M. F.
Andrew W. Gonser, Esq.
Gonser and Gonser, P.A.
Concord Plaza, Springer 203
3411 Silverside Rd.
Wilmington, De 19810 John A. Macconi, Jr., Esq.
John A. Macconi, Jr., LLC
1224 King Street
Wilmington, DE 19801
LETTER DECISION AND ORDER
Petition Type: Motion for Reargument - Ancillary Matters Dear Counsel:
M. E. F. ("Wife") filed a Motion for Reargument of the Court's September 27, 2016 Order. M. M. F. ("Husband") filed a timely response to the Motion. This is the Court's decision on the Motion.
Wife alleges that the Court erred by not addressing the issue of Husband changing the beneficiary on his life insurance policy and Wife's request to be reinstated as the beneficiary and by not requiring Husband to pay back the $3200.00 in unpaid interim alimony within a certain amount of time.
Husband responds by stating that the Court order did address all these issues and that the Court order was intended to be comprehensive and dispose of these issues although not specifically indicating as such,
The Court grants the Motion in part and denies the Motion in part. The Court did not intend to restore Wife as beneficiary. As noted by Wife. This is an issue within the Court's discretion. The Court notes that Wife has full survivor benefits pursuant to the QDRO that was entered. These benefits are not available to Husband's current Wife. Wife will receive 100% of the pension upon Husband's death. While Wife is correct that Husband violated the 1509 injunction by changing beneficiaries during the interim period, the interim period is over and the Court finds that Husband's alimony obligation is secured through the pension survivor benefits.
The Court did not make the new alimony order retroactive. However, as the Order is not retroactive, and the alimony actually went up, the $3200.00 remains owed to Wife. There was no evidence provided at the ancillary hearing to suggest that Husband has $3200.00 available in a lump sum. As noted in the analysis above, Husband has little disposable income. Husband shall therefore pay Wife the back alimony in monthly installments of $20.00 per month until he sells his rental properties, at which time he shall pay Wife any net proceeds from the sale of any of these properties up to the balance owed on the $3200.00.
IT IS SO ORDERED this 17th day of October , 2016.
Very truly yours,
Felice Glennon Kerr, Judge FGK Date emailed: __________