Greenan v. Greenan
A party who allegedly violates automatic orders and depletes assets that otherwise would have been available for distribution can be held in contempt of court. The parties married in 1994 and have two minor children. The husband, 47, took a Family and Medical Leave Act leave from his work as a trust and estates lawyer at the law firm of Skadden Arps, after the birth of one of the minor children, and discovered when he returned that he was no longer on the partnership track. The husband, who also has a master's degree in business administration, left Skadden Arps, went to work as an investment advisor, and took another FMLA leave when the second child was born. In February 2010, the husband was discharged as a result of the husband's arrest on drug-related charges. The husband, who currently operates the Greenan Law Firm LLC and Greenan Capital Management LLC, reports that he earned less than $55,000 in 2011. The court found that the husband's earning capacity is $75,000 gross per year. The wife, 48, earns about $7,644 gross per week as a vice president at Valassis Communications Inc. The court credited the wife's testimony that the husband allegedly admitted that he engaged in extramarital affairs and refused to promise to reform. The husband invoked the Fifth Amendment when questioned about his use of drugs, and the court drew a negative inference. The court found the husband in contempt of court, because he willfully violated the automatic orders and depleted assets that otherwise would have been available for distribution. The court awarded the wife sole custody of the minor children and visitation to the husband, provided that he takes drug tests. The court ordered the husband to pay child support of $105 per week and 17 percent of unreimbursed medical expenses. The court did not award alimony. The court awarded the wife the marital residence and the husband investment property in Stamford. The court awarded the husband $115,000 from the wife's retirement plan. The court awarded the husband his business interests and the Range Rover.