In Re Marriage of Gong & Kwong

— As part of a marital settlement agreement terminating their 21-year marriage, Terry Kwong promised to support his children and pay for half their college expenses. After he failed to pay child support and related obligations for a number of years, his former wife, Monica Gong (now Monica Suryoutomo), obtained a charging order under which Mr. Kwong’s existing and continuing obligations were paid directly to her from Mr. Kwong’s partnership interest in Milpitas Green, a shopping mall. Several years later, Mr. Kwong filed a motion to stop any further payment, claiming he had fully satisfied his obligations to Ms. Gong. The superior court denied the motion. Mr. Kwong appeals.

After reviewing Mr. Kwong’s arguments and the record, we dismiss the appeal as frivolous. We award sanctions to Ms. Gong in the amount of $15,000. We also find sanctions in the amount of $6,000 should be paid to the clerk of this court to defray the costs of processing this appeal. We remand the matter to the trial court for the purposes of awarding Ms. Gong reasonable attorney fees incurred in defending the appeal and seeking sanctions.

Background

Mr. Kwong and Ms. Gong divorced in September 1994,…