In a Decision – D.M.H. v. H.G.H., (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Trial Court decision and concluded that Husband's non-compliance authorized a constructive trust to protect the assets and entitlements of the marriage.
We agree with the trial court's conclusion that prong one is satisfied by defendant's "complete disregard, disdain and dismissive conduct towards the seriousness of court procedures, orders and requirements[,]" his "deficient efforts to replace income" when he was fired, his "unilateral allocation of marital funds," and his "dissipation of marital assets" by accruing arrears on the Hoboken property. We also agree the second prong was established by defendant's decision "to spend money gambling, traveling, and dissipating assets" amounting to more than $125,000 rather than making reasonable efforts to comply with court-ordered child support. Imposition of a constructive trust was warranted.