 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Newell v. Hudson3/16/2005
voluntarily consented to the terms of the agreement. Paraphrasing her testimony, Hudson further stated:
The limited duration alimony would permit her to maintain the standard of living she enjoyed during the marriage for at least the next four years; She understood that if the divorce went to trial she might get more or less alimony than provided by the agreement; The agreement was a compromise but was a fair deal; and She had discussed the settlement with Newell at great length throughout the course of the day and he had answered all of her questions.
Based upon this testimony, Judge Locascio approved the agreement which was incorporated into a final judgment of divorce.
On or about February 1, 2001, Hudson wrote a letter to Newell in which she stated she felt "pressured and intimidated by [her husband's counsel], the Judge, and [Newell]," and took issue with the adequacy of Newell's preparation and legal representation. Newell replied in a February 3, 2001 email, expressing his belief that Hudson would have received less alimony had the case proceeded to trial. He noted that she had reviewed the settlement carefully over approximately eight hours of negotiations between the parties and that she had testified under oath she understood the terms of the settlement agreement and voluntarily entered into it.
Hudson retained different counsel who filed a motion to modify or set aside the divorce judgment on the grounds that her husband had misrepresented his income in that his bonus was not discretionary but was guaranteed. The following colloquy transpired at oral argument on April 12, 2003:
[HUDSON'S COUNSEL]: My client would just like me to point out, Your Honor, that her main contention... is that the salary stated in the property settlement agreement from Mr. Hudson at [$]175[,000] wasn't entirely accurate, that his salary is actually [$]260,000.....
[MARK HUDSON'S COUNSEL]: First of all, Judge, there's no mistake whatsoever. If you look at her own case information that she had filed the previous year, she knew what my client's income was... She said $290,000... In addition, on the day we were coming in for trial her attorney had... sent the proposal for resolution of this matter [stating]..."Your client will be free and clear to enjoy his $225,000 per year income."
I mean, all along we've discussed this based upon my client making more income. The only thing was that [$]175[,000] was his base. There was no mistake here, absolutely not... I attached the previous certifications [6/7/00] that were filed with the Court in her pendente lite motion. She was fully aware of how much income [her husband] made.....
THE COURT: Let me see. Paragraph 2. ["] He described his income as [$]175[,000] annually, plus a discretionary bonus. The Court should be made aware that this discretionary bonus has been as high as [$]50[,000]..." So she knew that.....
[HUDSON'S COUNSEL]: She's saying that it's not discretionary, the property settlement agreement is wrong.....
THE COURT: She knew about a bonus of every year of $50,000 in her own certification. She's playing fast and loose with semantics, counsel. She's jumping on the word discretionary when her own certification indicates she knew darn well he got it.
Following oral argument, Judge Locascio denied Hudson's motion and awarded her husband $1250 in counsel fees on his cross motion.
II.
Hudson failed to pay the outstanding bill of $8,128.75 for the legal services rendered by Newell. Newell sent her a pre action notice as required by Rule 1:20A-6 and, on June 11, 200l, instituted suit for collection. Hudson
Page 1 2 3 4 5 6 7 8 9 10 11 New Jersey Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|