| If you are contemplating a divorce or a separation, this may interest you.
In most cases in New Jersey, each party pays his or her own attorney and experts. There are exceptions, generally by court rule or legislative statute.
One such exception is a court rule for family actions.
In a recent decision of the Appellate Division of the Superior Court the parties had signed a property settlement agreement when they divorced. In the agreement, the husband had agreed to pay 75% of the fees of the wife's accountant.
Seven years after the divorce was granted, the accountant applied to the court to compel the defendant husband to pay.
The defendant objected to the fee claimed, arguing that he never received the bill and was unaware of the accountant's hourly rate.
The trial judge ruled for the accountant, awarding not only the fee, but compound interest and attorneys fees, too.
The husband appealed, claiming it was unfair to require a bill when he didn't understand the bill or the reasons for the delay.
YOU BE THE JUDGE: Where a party has filed an agreement with a divorce court in which he agrees to pay the accounting fees of his spouse's accountant, can he later dispute the accountant's bill?
The Appellate Division reversed, holding that the trial judge had committed error. The defendant was entitled to a hearing on the reasonableness of the fee that was claimed. The appellate court also noted that simple--not compound--interest should be applied, if any fee were awarded to the accountant after such a hearing,
The Appellate Division acknowledged that New Jersey rule permits the award of fees to "any party to the action", but held that the rule did not include professionals appointed by the court or retained by the parties in such an action.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Allendale, Wyckoff, Ridgewood, Kinnelon, Upper Saddle River and throughout Bergen County, in Clifton, Ringwood, Passaic, Little Falls and elsewhere in Passaic County, in South Orange, West Caldwell, Roseland, Glen Ridge, Montclair and throughout Essex County, in Whippany, Montville, Jefferson, Harding and Parsippany and Mendham in Morris County, in Linden, Kenilworth, Plainfield and Cranford in Union County, in Kearny, Bayonne, Union City and North Bergen in Hudson County, in Hightstown, Hamilton Township, Frenchtown and Princeton in Mercer County and throughout the State of New Jersey, as well as New York City. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation. |
