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Use of marital funds / Equitable Distribution of criminal law attorney fees

  • 1.  Use of marital funds / Equitable Distribution of criminal law attorney fees

    Posted 02-19-2014 07:22 PM
    I won't say which side I'm on.  Facts:

    H is a medical doctor / anesthesiologist.
    W was a medical doctor in another country, never took boards in U.S.
    H and W work at / run a "pain management clinic" in addition to H's f/t employment.
    A patient dies from an overdose.
    H is arrested and charged with manslaughter in 2011.

    Retainer for criminal law attorney is $275,000 (and you thought our retainers were high!).  They reserve the right to demand $50,000 more if retainer exceeded (a four month trial is anticipated).

    H is now unemployed - parties living off rental income and W's $12 / hour and (almost gone) savings (were living on $750,000 per year before arrest).

    After 2+ years, W files divorce complaint in 2014.

    W files a PL motion for several things, including:
      (1) stop H from using marital funds for criminal defense
      (2) declare that funds expended / borrowed thus far come from his share alone

    Are the criminal law fees distributable?  Should H be permitted to access / pledge marital assets?

    If anyone knows of an on-point case, or has other thoughts, they'd be appreciated.


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