Legal Question in Family Law in New Jersey
I have been back and forth to Court for the past 2 years now with my ex husband who owes half my sons college tuition to me. Since this almost started my son has already been emancipated and has graduated college in May. The Judge has ruled in my favor the first court apprearance...then my ex filed a motion for reconsideration, the Judge just ruled in m,y favor again that he owes me the money. My attorney just recieved notice from ,my ex's Attorney that they have filed an appreal. This has all cost me at least $10,000 in almost 2 years to get back $17,000 from my ex. If he loses the appeal now, my quesion is..can I sue him for all these legal fees that it has cost me? Although the Family court Judge denied my request for legal fees?
1 Answer from Attorneys
I hate to say this, but it does not sound like your lawyer has done too badly, you won the case. The appeal? Good Lord. There are VERY few appeals in divorce type matters, the trial judge has wide discretion. You are likely to win, I would think.
the cost- a common problem for all people who have to go to court to fight. I would have done this a bit differently: I would have kept a close eye on the cost of the fight, and worked hard to keep the cost down. Easier to say than to do, but I really try. $10,000 cost to get a judgment for $17,000 is not so good.
You can always ask the Appellate Division to give you the attorney's fees. There is no way to say how likely you are to get any part of your attorney fees back. Your lawyer can send a notice to the other lawyer when the other lawyer files the appeal, saying that the appeal is frivolous and that may help. Rule 1:4-8, and Rule 1:5-2.
I feel your pain. Is there anything else that your ex owes to you?
Disclaimer: This answer is based only on the statements you have made. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com