Legal Question in Family Law in New Jersey

Advanced Counsel Fees

I was recently ordered to RECEIVE counsel fees BUT it was written as an ADVANCEMENT. I was ordered to pay back my ex-husband this money. The money is coming from the marital home that is PREMARITAL. My husband owned the house before we married. I have never heard of such a thing. I searched the law library and could not find any cases where counsel fees were considered a loan from one party to the next. The divorce is still pending. I know that I am not liable for any debts that my ex accures before and after the marriage, so why am I being ordered to pay back the money? Is this legal?


Asked on 1/02/03, 3:56 pm

1 Answer from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Advanced Counsel Fees

You should call me at 800 273 7933 to discuss your question a bit further, but I will attempt to anwer it. Without seeing order requiring the payment of a counsel fee as an advancement, I assume that what judge meant to do was to reserve the final decision of your entitlement to such a payment to the final hearing in the divorce case so that depending upon his resolution of the various claims he might require or not requirement the return of the funds "advanced." You may call me at 800 273 7933.

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Answered on 1/02/03, 4:08 pm


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