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Appeals court hears argument over whether early retirement breached alimony agreement or warranted contempt
Summary
In Scopa v. Braunstein, counsel debated whether the husband's decision to stop working and cease alimony payments without first obtaining a court modification constituted civil contempt or a contract dispute for equitable relief; the court took the matter under advisement.
Richard Novich, representing appellant Leslie Scopa, argued to the appeals panel in case 24P703 that the trial judge "abused her discretion" by declining to find Dr. Braunstein in contempt after he stopped paying alimony without first obtaining a court modification. Novich asked the court to interpret the parties' separation agreement as requiring a modification filing before the husband could unilaterally retire and alter alimony obligations.
Novich emphasized language in the alimony exhibit of the agreement that, he said, showed the parties negotiated both (a) a formula tied to the husband's base salary and (e) express limits…
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