Judge Requires Court Approval of Payment of Party’s Own Attorney In New Jersey Divorce
Docket No. A-1509-23
Decided July 18, 2024
In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s order requiring Husband to request court approval before paying his attorney fees because he was behind in his child support and spousal support obligations.
In Kunin v. Kunin, the parties were married in 1999, have a daughter who was born in 2001, and separated in September 2018. Plaintiff filed a complaint for divorce on April 19, 2021. The next day, defendant removed $300,000 from his bank account.
In a February 7, 2022 order and statement of reasons, a Family Part judge found “there are valid concerns related to the dissipation of assets and attempts to obfuscate income and marital funds” and that “[d]efendant ha[d] been dissipating marital funds in what appear[ed] based upon the proofs before the court at th[e] time to be a coordinated attempt to defund the marital estate prior to entry of a Judgment of Divorce.” The judge also found defendant had unilaterally decided to stop paying the carrying costs related to the marital home and to reduce by almost half his pendente lite payments.
Defendant eventually conceded to multiple violations of past orders regarding support and discovery, specifically disclosing assets, despite his claim of an inability to pay his obligations. The judge found “the family [wa]s not getting any money” and defendant would not be prejudiced by a temporary injunction. Invoking the court’s parens patriae obligation, the judge temporarily enjoined “payment of any further fees” and advised counsel they could further argue the issue on the next hearing day. The judge entered an order dated September 15, 2023, “temporarily enjoin[ing] [d]efendant and/or IQ Dental Supply, L.L.C., and its affiliates, from paying or advancing any attorneys’ fees in connection with this matter until further court order.”
Defendant appealed and the Appellate Division affirmed, finding no abuse of discretion, given that it was just a notice requirement and not a bar on Defendant’s ability to hire and pay for an attorney.
Family Court Judges in New Jersey have tremendous power and ability to order things that other Judges cannot. Family Judges can order wage executions, sale of property, transfer of children, and even can incarcerate someone for failing to abide by an order. Those powers have seemingly been expanded to stop a party from paying their attorney without first notifying the Court. Now this case is an extreme example of someone who cannot abide by an order and is dissipating assets, but the power does exist. Be sure to abide by Family Court Orders.
If you have questions about divorce, enforcement, child support, alimony, changes in circumstance requiring a modification, parenting time, and custody, or appeals, contact the experienced matrimonial divorce attorneys at Hark & Hark today.
In recognition of these trying financial times, we are reducing fees and working with clients to come up with manageable payment plans. Initial consultation is always free and we are available remotely.
We offer payment plan options to clients financially incapable of providing full payment upfront. If you are facing domestic violence charges similar to this circumstance, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Mercer, Ocean, and Salem counties. We represent clients in all towns in New Jersey, including Audubon, Gloucester City, Oaklyn, Audubon Park, Gloucester Township, Pennsauken, Barrington ,Haddon Heights ,Pine Hill ,Bellmawr ,Haddon Township , Pine Valley, Berlin Borough, Haddonfield, Runnemede, Berlin Township, Hi-Nella, Somerdale, Brooklawn, Laurel Springs, Stratford, Camden, Lawnside, Voorhees, Cherry Hill, Lindenwold, Waterford, Chesilhurst, Magnolia, Winslow, Clementon, Merchantville, Woodlynne, Collingswood, Mt. Ephraim, and Gibbsboro.
