Judge Krafte just became my new hero! I wish more Judge's had the courage to call it like it is when they see situations like this.
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Andrew Bestafka Esq.
Freehold NJ
(732)898-2378
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Original Message:
Sent: 10-22-2012 08:14
From: Charles Abut
Subject: Foreclosure /H refusal to work pending divorce
"Defendant has failed to provide this court with proof that his earning ability is less than he previously stated and he certainly has not shown a decrease in income during the aforementioned time period. In actuality, he may very well be in better stead financially as a result of debt clearance through the bankruptcy petitions. This court finds that the defendant has no intention of finding substantial employment in his or any other field. This court finds that defendant has found his niche in this world, in that he is maintaining a high lifestyle without having to work for it. To use the vernacular, he has it made. This court finds that defendant is content to sit back and become a complete human parasite [FN1] permitting a succession of fiancees, friends and relatives to provide for him so as to enable him to live in and maintain a lifestyle commensurate with his self-imposed high standard of living, while his children are reduced to the status of virtual beggars. He professes love and concern for them, yet this court finds a complete lack of same. Defendant's application for modification of child support is denied."
"FN1. "One frequenting the tables of the rich and earning welcome by flattery; an organism living in or on another organism; something that resembles a biological parasite in dependence on something else for existence or support without making a useful or adequate return." Webster's Seventh New Collegiate Dictionary"
Harris v. Harris, 235 N.J.Super. 434 (Ch. Div. 1989)
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Charles Abut Esq.
Hackensack NJ
(201)342-0404
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Original Message:
Sent: 10-19-2012 16:39
From: Christine Moriarty-Brophy
Subject: Foreclosure /H refusal to work pending divorce
I represent W in divorce action in Passaic County. H , in anticipation of divorce, let marital home go into foreclosure in 2010 (only his name is on mortgage) and then quit work in mid 2011 and lays on the couch all day, while his wealthy parents send him money when he needs it. (Meanwhile the family doesnt even have health insurance.) H represents himself pro se and he and W and their 2 kids live in marital home. A default on foreclosure action was filed in 2011 and now there is currently foreclosure motion pending for final judgement. My client has little money. What can be done to save this house for herself and the 2 kids? Will judge impute income to H under the circumstances? Any other suggestions? Thanks so much!
Christine Moriarty-Brophy Esq
Upper Saddle River NJ
(201)785-1658
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