Marriage of Camerlingo
Michael Camerlingo appeals from the family court’s order directing him to appear at a judgment debtor examination scheduled by his former wife, Marie,[1] several years after entry of their divorce judgment, which expressly waived spousal support. After the divorce, Michael and Marie entered into an agreement purporting to modify the no-support provision of the divorce decree, and the former couple filed the agreement with the family court as an order modifying their divorce judgment. But Michael later obtained a final ruling from the family court, which Marie did not appeal, that it had no jurisdiction over support and therefore could not compel Michael to adhere to the agreement, which the court found did not constitute a valid order modifying the divorce decree’s no-support provision. A different judge nevertheless ordered Michael to appear at the debtor exam based on the conclusion the agreement constituted a valid support order. Michael is correct that collateral estoppel bars this result, though Marie may have other avenues to enforce their agreement. As we explain below, we exercise our discretion to treat Michael’s appeal as a writ petition, and we grant the petition and reverse the trial court’s order for Michael to appear at the debtor examination.
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