This case involves cross-motions in a family law dispute following a divorce order incorporating minutes of settlement.
The applicant sought to deduct alleged damages to the matrimonial home from the respondent's equalization and spousal support payment, and also sought punitive damages.
The respondent sought the immediate release of her $190,000 payment.
The court dismissed the applicant's motion, finding that the damage claims were not properly before the Family Court as they were not pleaded and the applicant failed to comply with a condition precedent in the divorce order requiring a written estimate of deliberate damage exceeding $5,000 from an appraiser or realtor.
The respondent's motion for payment was allowed.
