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  • Marco Benucci

Firm Is Successful In Enforcing A Pendente Lite Order In Divorce Case

In a recent matrimonial case handled by Marco Benucci, Esq., Mr. Benucci was able to convince the Court that his plaintiff’s client’s rights were violated and that attorneys’ fees and costs were warranted.

In the case at hand, the focus of Plaintiff’s application related to an Order entered on May 2, 2016, which directed the defendant to pay the net amount of $6,340.00 per month in unallocated pendente lite support. After that Order was entered, defendant started to pay and the parties attempted settlement negotiations to avoid trial. However, mediation was unsuccessful and the matter was tried during the course of several days in Somerset County. The Court has not yet rendered an opinion as of the date of this writing.

Although the defendant continued to pay support until December 2017, thereafter he unilaterally reduced the payment to plaintiff claiming he could not afford it. Accordingly, Plaintiff’s filed a Motion to Enforce Litigant’s Rights.

Plaintiff’s motion was countered by defendant’s cross-motion to “reconsider” the prior Order of May 2, 2016, and seeking additional relief based on arguments and proofs that had already been adduced at trial. The Court denied defendant’s cross-motion in toto and granted Plaintiff’s motion directing the defendant to make support payments current and awarding attorneys’ fees and costs to Plaintiff. The Court found that Defendant’s unilateral actions were unjustified, that his cross-motion rehashed issues that had already been addressed during trial and pending, and that the additional relief sought was unsubstantiated and uncorroborated. In that same breath, the Court found that the pendente lite support payments were necessary to guarantee Plaintiff’s survival in meeting her needs and that defendant’s unilateral decision to lower the court mandated payment of support was significant enough to award attorneys’ fees to Plaintiff.

If you need a divorce lawyer handling New Jersey child custody, father’s rights, contested or uncontested divorce matters, or for any other questions related to matrimonial cases contact Wronko Loewen Benucci.

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