Eldridge v. Eldridge

BERDON, J., with whom, MCDONALD, J., joins,

dissenting. The majority, by affirming the trial court’s finding of contempt against the plaintiff, Stephen C. Eldridge, for failing to comply with an alimony order, condones the invocation by the defendant, Phyllis Eldridge, of the court’s power of contempt as a trial tactic. In my view, the plaintiffs failure to pay the defendant alimony under the circumstances of this case did not amount to contempt of court.

The clear language of the alimony order in this case provides that it was self-executing — that is, the plaintiff could reduce his alimony…