Fourth District Court Reverses Enforcement Order

The Fourth District Court of Appeal ruled today in Cunha v. Cunha, a case in which the lower court denied the former husband’s request to vacate a judgment based on an underlying debt which had been paid.  The former wife argued that, as the debt was paid for less than full value, the former husband had not satisfied the parties’ MSA by being responsible for that debt.  The lower court agreed, but the Fourth District found that the debt was satisfied, and the judgment based upon it should have been vacated.