‘CONSENT ORDER ALLOCAT1NG PROCEEDS OF SALE
THIS CAUSE came on to be heard by the consent of the parties and their attorneys related to the Formor Wife’’ s Amended Motion for Contempt, and the Court being advised in the premises finds as follows:
A. The Former Wife’s Amended Motion for Contempt was filed in reference to an Order on All Pending Motions entered by the Court on August 12,2020 requiring the Defendant (de Rechtbank: [eiser] ) to pay mortgage payments and late fees in full on the parties’ former marital home, at least 15 days prior to the closing on the home.1
B. The closing took place on October 9, 2020 and by that time, the Defendant had
failed to make the payments pursuant to the Order on All Pending Motions. The last payment prior to the closing was made by the Defendant on March 16,2020. The mortgage payments that the Defendant failed to make pursuant to the Order were April through October: seven payments of $4,324.82, totaling $30,273.74.
In addition, there were late fees, bringing the total to $31,738.15.
C. As a result, the net proceeds &om the sale were $31,73 8.15, less than they would have been had the Defendant made the payments as ordered. Had be done so, the net proceeds from the closing would have been S94,397.34, of which one-half or $47,198.67 would have been the Plaintiff’s (de Rechtbank: [gedaagde] ) share of the proceeds.
D. The sum of $62,659.19 is currently being held in the Plaintiff’s attorney’s trust
Account. As such, the Plaintiff should receive the sum of $47,198.67 as her share of the net proceeds from the sale and the balance of $15,460.52 should be the Defendant’s share of the net proceeds.
E. The parties’ dissolution of marriage has been handled primarily by the Court in the Netherlands. Several orders have been entered by that Court regarding the financial obligations and the payment of the parties’ debts. Therefore, these funds should remain in trust pending direction from the Dutch Court regarding where these funds should be directed.
Based on the forgoing, it is hereby
ORDERED:
1. The Former Wife’s previous attorney, Mina Bustamante, Esquire, shall transfer the proceeds from the sale of the parties’ former marital home, in the amount of $62,659.1 9, currently being held in her trust account, to the trust account of the Former Wife’s present attorney, Denise Watson, Esquire.
2. The Plaintiff is apportioned the sum of $47,198.67 of those net proceeds and the
Defendant is apportioned the sum of $15,460.52 of those net proceeds.
3. Counsel for the Fonner Wife shall maintain said funds in her trust account pending an order from the Dutch Court directing how these proceeds should be distributed. In the event the parties are unable to make such distributions by consent, the Court reserves jurisdiction to enter further orders implementing the directions of the Dutch Court.
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