G. Schwartz

The mother brought a motion to strike the father's pleadings and for a vesting order regarding the jointly held matrimonial home due to the father's egregious and persistent non-compliance with court orders.

The father, who resides in Iran, failed to pay over $700,000 in retroactive and ongoing child and spousal support, mortgage expenses, and costs, and failed to provide financial disclosure.

The court applied the three-pronged test from Lamothe v. Ellis and struck the father's pleadings, allowing the mother to proceed by way of an uncontested trial.

The court also granted a vesting order transferring the father's 50% interest in the matrimonial home to the mother to secure the outstanding support and equalization obligations.

The applicant father brought a motion for increased and unsupervised parenting time with the parties' three-year-old child.

The respondent mother opposed the motion, alleging the father had substance abuse issues, posed a danger to the child, and that the child was immunocompromised and at risk due to COVID-19.

The court found the mother's evidence of substance abuse to be historical and vague, and noted the father had passed numerous drug and alcohol tests.

The court concluded the mother's restrictions were excessive and not in the child's best interests, granting the father's motion for unsupervised parenting time, including overnights, subject to continued breathalyzer testing at pick-up and drop-off.