Justice Edward Maron
Husband moved to enjoin wife from declaring a default of a certain stipulation of settlement and modification agreement. Wife cross-moved for dismissal of the husband's order to show cause. The parties entered into a property settlement agreement in their divorce action, resolving issues of custody and equitable distribution. Husband retained the former marital residence, his business and the commercial building, and wife would receive a distributive award of $2.6 million in installments. Wife was appointed receiver of the commercial building to collect rent and apply same to satisfy outstanding support arrears, as a result of husband's non-compliance with support obligations. Wife argued because husband defaulted in his obligations she should be entitled to invoke the agreement's security provisions, including recording the deeds of the properties, and claimed husband's application for a reduction of his support obligations violated express provisions of the stipulation. The court found husband failed to show a compelling legal or factual reason to justify his failure to comply with his financial obligations, denying his motion entirely, while granting wife's motion except as to sums sought for a child's college expenses, which was set down for a conference.
