NJSBA Family Law Section

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  • 1.  Attorney Fee Lien

    Posted 10-13-2017 02:25 PM
    I've done a lot of only post judgment work (thousands of dollars) for a former divorce client   She waived Fee Arbitration and I was about to file a Motion in the divorce case to impose a lien on her share of equitable distribution when I realized that the case law interpreting the statute says I can't do this because my services were post judgment.  
    1. Does it make a difference that the issue of equitable distribution of certain assets was appealed and the amount  the former client will receive from equitable distribution is still unsettled because the appellate court remanded those issues?
    2.  Is there any way of enforcing a lien on her share of equitable distribution in the divorce action if I file an action in the  Law Division  and get a judgment there? 

    Thank you.





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    Debra Schneider Esq.
    Hackensack NJ
    (201)445-8381
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  • 2.  RE: Attorney Fee Lien

    Posted 10-14-2017 08:49 AM
    Once you obtain a judgment same is docketed and a statewide lien on real estate.  If her half of the home has value then you have a lien. As to non real estate assets you would need to attach via writ.