This decision addresses a motion brought by the wife (S.R.) to enforce a consent order regarding the release of $77,000 from the sale proceeds of the matrimonial home, representing retroactive child support, and past and future spousal support.
The husband (S.C.H.) argued that the funds should be held in trust until the final resolution of all issues, including costs, based on the interpretation of the consent order's holdback provisions.
The court applied principles of contractual interpretation, reading the order as a whole and considering surrounding circumstances, and found that the holdback language in paragraph 2 applied to all financial allocations, not just the property equalization payment.
The wife's motion was dismissed, and the funds are to remain in trust pending further order or agreement.
