Costs decision following a contempt motion arising from a family law settlement concerning equalization, spousal support, and transfer of the matrimonial home.
The moving party had brought a contempt motion alleging failure to transfer title, but the matter ultimately resolved through further minutes of settlement completing the transaction.
The court held the contempt procedure was inappropriate because enforcement of the settlement should have been pursued instead.
Although the moving party obtained a small payment for cleanup costs, the responding party succeeded in having the settlement enforced and the contempt motion dismissed on consent.
The court ordered the moving party to pay partial costs, applying Rule 24 of the Family Law Rules and proportionality considerations.
