NJSBA Family Law Section

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  • 1.  Husband fleeing the country

    Posted 10-01-2013 03:07 PM
    Dear Colleagues
    I have a bit of situation and not sure what can be done. I have a client who's husband remarried in his home country. Before she filed divorce she started noticing he was making wire transfers of his money overseas. She decided to file for a divorce. Since the divorce has been filed more money keeps leaving the account and he has made two trips to his home country of Pakistan and is planning another one is two weeks. Client is afraid (not rightfully so) he will deplete the accounts and leave the country for good. What can be done? I am assuming I can try to make a motion to freeze the accounts? Honestly, any guidance or suggestions would be greatly appreciated.
    Thank you
    Loredana

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    Loredana Pantano Esq.
    TOTOWA NJ
    (973)942-7050

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  • 2.  RE:Husband fleeing the country

    Posted 10-01-2013 04:07 PM
    File an OSC with proof from your client that he is liquidating accounts. freezing accountsa and prohibiting him from dissipating any and all assets. Also ask for counsel fees.

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    [Alice M. Plastoris, Esq.
    Law Office of Alice M. Plastoris
    82 Speedwell Avenue
    Morristown, NJ 07960
    973-538-7070
    e-mail: [email protected] or [email protected]
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    Original Message


  • 3.  RE:Husband fleeing the country

    Posted 10-01-2013 04:46 PM
    I would also ask that husband be compelled to provide copies of bank statements from these accounts so that you have evidence of withdrawals. Go back at least as long as wife believes the marriage was falling apart.

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    William Exaros Esq
    Bethlehem PA
    (973) 993-8788

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    Original Message


  • 4.  RE:Husband fleeing the country

    Posted 10-01-2013 06:13 PM


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    Jamie Von Ellen Esq.
    Springfield NJ
    (973)376-1114

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    I suggest a writ of ne exeat.  I have not done one in at least 20 years so i do not have one to share but I believe its the way to go based on what you are describing.  Look at Rule 4:51-1.



    Original Message


  • 5.  RE:Husband fleeing the country

    Posted 10-03-2013 07:25 PM
    Concur with the other answers -- just to stress, the key phrase here is "order to show cause", not "motion."  In fact, you could and should file it ex-parte as the receipt of the application for an OSC could well trigger the emptying of the remainder of the accounts.  Freeze all accounts.  If he's acting like this, I wouldn't even bother seeking an accounting -- subpoenas to the banks are easier / quicker / less subject to game-playing.

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    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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    Original Message


  • 6.  RE:Husband fleeing the country

    Posted 10-04-2013 02:38 PM
    Not sure that it would be totally appropriate here, but would it be possible to request the Court suspend the Husband's passport to prevent him from leaving the country until certain conditions are met (ex. finalizing the divorce, reimbursing the joint account for dissipated funds, or other conditions)?  

    Does the Court have the authority to suspend a passport?  I'm thinking the rationale would be similar to suspending a driver's license for unpaid child support...

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    Gregory Thomlison Esq.
    Toms River NJ
    (732)736-8100

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