Law Lessons from AKINOLA v. AKINOLA, Appellate Division, A-6196-04T2, October 11, 2006:
When a custodial spouse has to chase down a non-paying spouse to enforce an obligation of child support, N.J.S.A. 2A:34-23a requires the payment by the non-paying spouse of at least some portion of the custodial spouse’s counsel fees for the enforcing of child support.
The only exceptions to the statutory mandate are extraordinary circumstances when the default was either substantially justified or when the award of counsel fees to the prevailing party is unjust under the circumstances.
The potential that the counsel fee will consume assets that otherwise might be used for child support does not qualify as a substantial justification to negate an enforcing spouse’s right to counsel fees.
This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ; including the municipalities of Fanwood 07023; Garwood 07027; Kenilworth 07033; Mountainside 07092; New Providence 07974; Roselle Park 07204; Roselle 07203; Elizabeth 07201; Linden 07036; Plainfield 07060; Rahway 07065; Summit 07901; Westfield 07090; Berkeley Heights 07922; Clark 07066; Cranford 07016; Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Winfield; Carteret 07008; Dunellen 08812; East Brunswick 08816; Edison 08817; Jamesburg 08831; Metuchen 08840; New Brunswick 08901; Old Bridge 08857; Perth Amboy 08861; Sayreville 08871; South Amboy 08878; South River 08877; Avenel 07001; Colonia 07067; Iselin 08830; Woodbridge 07095; Somerset 08873; Somerville 08876 and Watchung 07069, New Jersey. My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements. My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, Union County, NJ. Telephone: 908-486-2200 Adwokat / Prawnik Adwokaci Pawel Kostro mowi po polsku.
NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ.
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