Harvard Grad Jailed for Missing Legal Payment
On August 14, 2024, CT Superior Court Judge Erika Tindill jailed a mother for failing to comply with a court-ordered payment to her ex-husband’s attorney.
The mother, Nishani Naidoo, a corporate lawyer, graduated from Harvard University and Columbia Law School. Judge Tindill had ordered Naidoo to pay $37,512.50 to CT family law attorney Gary Cohen, who represented her husband in a contentious matrimonial.
In her divorce and custody ruling, Judge Tindill dissolved Naidoo’s marriage on March 6, awarding Naidoo full legal and physical custody of her two minor children and certain marital assets, including a rental property.
Court Orders Payment to Ex-Husband’s Attorney
Judge Tindill ordered Naidoo to pay attorney Cohen for her husband’s legal fees on or before May 1, 2024. When she did not pay, Judge Tindill held a hearing on July 18.
Naidoo explained in a letter posted on social media, “I did not have that type of money at the time, and I do not have that type of money… I had asked the judge for an extension of time to pay Gary Cohen, as I would only have the money to pay him once the property sold. The judge told me I could withdraw money from my retirement accounts, but I told her that I could not withdraw money from my retirement accounts to pay legal fees (there are only specific reasons you are allowed to withdraw money from retirement accounts). She was upset with this.”
Judge Rejects Request for Extension
At the July hearing, Naidoo told the judge that the rental property would be sold and closed by the end of August, at which time she would pay attorney Cohen in full.
In the meantime, Naidoo said in her social media post, “I offered to pay (Cohen) $2,500 (the maximum I could put on my credit cards) and the remainder when the property sold in a few weeks. He refused that offer.”
During the July hearing, Judge Tindill told Naidoo that attorney Cohen should not have to wait until the end of August, but that Naidoo must pay him by mid-August, or face arrest on August 14.
Mother Jailed Despite Imminent Property Sale
At the August 14 hearing, Naidoo’s ex-husband, Vipul R. Kumar, appearing in court, informed Judge Tindill that Naidoo was the sole provider and caregiver for their two minor children. He asked the judge not to incarcerate her.
Despite a reported closing date of the rental property on August 26, Judge Tindill reiterated Cohen needed to be paid immediately, not in 12 days. The judge ordered the mother arrested for contempt of her court orders.
Consequences of Incarceration: Job Loss and Childcare Concerns
In a social media post written before her imprisonment, Naidoo said, “If I am put in prison for not being able to come up with $37,512.50, who will take care of my children? I will have a criminal record and will not be able to get another job. And all of this will be because I asked for a few more weeks for the property to be sold so I could make the payment I am being forced to make.”
In addition to her arrest and imprisonment, Judge Tindill ordered Naidoo to pay $15,000 in sanctions, on top of the $37,512.50 she must pay to Cohen.
According to reports, Naidoo lost her job last week because of her arrest and incarceration. It is unclear who is taking care of her children.
Judge Tindill set another hearing for August 26, when Naidoo’s rental property is scheduled to close. According to Naidoo, her ex-husband had already paid Cohen about $140,000 in legal fees.
