The applicant brought a motion seeking the release of 50% of the net sale proceeds from a jointly owned property, with a portion to be paid to the respondent for child support arrears.
The respondent opposed, arguing the court lacked jurisdiction due to a mediation/arbitration clause in their prior agreement, and claiming damages for the applicant's alleged misconduct regarding the property sale.
The court found the respondent had waived the arbitration clause by actively participating in the litigation.
The court ordered the release of $604,500.00 to the applicant, less $19,200.00 for child support arrears, with the balance remaining in trust.
