Opinion
CN12-04495 Petition 22-09718
09-19-2022
M. F. C. v. J. S.
Petition to Reinforce Ancillary Order
LETTER DECISION AND ORDER
Mary S. Much, Judge
Dear Parties:
On September 16, 2022, M ------- F -------- C---- (hereinafter "Wife") appeared for hearing on the above-captioned Petition, seeking to enforce the November 9, 2017 Order ("Ancillary Order") resolving the parties' ancillary matters. J--- S ------- (hereinafter "Husband") failed to appear; Wife has no location information for Husband. Husband was served by publication notice on the Family Court website on July 5, 2022. The Court proceeded in default of Husband's appearance.
The Ancillary Order granted Wife sole ownership of 1--- M---- S ----- and directed Husband to sign and endorse the deed over to Wife within 14 days of being presented with the instrument. The Ancillary Order provided should Husband fail to cooperate in transferring ownership, the Clerk of Court was authorized to sign on Husband's behalf, any instrument presented by Wife. Wife testified Husband has not signed this property over to her; Wife did not present him with the deed because she had a Protection from Abuse Order against him, which expired in December 2017. Wife saw Husband at various family events, at least five (5) times, and requested he sign over the deed, but he refused. Wife believes this property is in foreclosure because Father's relatives failed to pay the mortgage thereon.
The Ancillary Order directed Husband pay over to Wife $2,575.00, pursuant to the Wright chart attached to the Order. Wife testified Husband has not paid her anything on this obligation. Wife believes Husband receives monthly Social Security Disability benefits between $1,500.00 and $1,800.00. Wife requests a wage attachment issue on these benefits to ensure payment of Husband's obligation.
Conclusion
The Court finds Husband in contempt of the November 9, 2017 Order for failing to pay over to Wife the sum of $2,575.00. Although Wife testified that Husband has voiced his refusal to cooperate in transferring the deed from 1--- M---- S -----, to Wife, it is unclear whether Wife ever presented the appropriate paperwork to Husband to effectuate that transfer as required by the Ancillary Order.
Because it appears Wife did not comply with the terms of the Ancillary Order by presenting to Husband the appropriate paperwork to effectuate the transfer of 1--- M---- S -----, the Court will not allow the Clerk of Court to sign said paperwork on Husband's behalf. In addition, the Court has determined it is prohibited from attaching Husband's Social Security income for repayment of his property division debt to Wife. The Court has the authority to reduce the amount owed to Wife ($2,575.00) to a judgment in Wife's favor, which can be filed with the Superior Court to act as a lien on Husband's property.
Stanley v. Stanley, 956 A.2d 1, 3 (2008) (citing 42 U.S.C. §§ 407, 659).
Based on the foregoing, IT IS SO ORDERED this day of September, 2022:
1. Husband is in contempt of the November 9, 2017 Order.
2. Husband's obligation to pay Wife $2,575.00 is reduced to a judgment, which Wife may file with the Prothonotary to be entered in the Judgment Docket of the Superior Court pursuant to 10 Del. C. §4733.