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Pelusio v. Pelusio

Decided: October 23, 1974.

KATHLEEN ANN PELUSIO, PLAINTIFF-RESPONDENT,
v.
JOSEPH STEPHEN PELUSIO, DEFENDANT-APPELLANT



Lynch, Allcorn and Milmed.

Per Curiam

In our view, the counsel fees and costs awarded to the plaintiff wife upon the entry of the final judgment of divorce are as much "necessaries" as are alimony, maintenance and support and, as such, fall within that class of indebtedness excepted from release by a discharge in bankruptcy. 11 U.S.C.A. ยง 35(a)(7); Turman v. Turman, 438 P. 2d 488 (Okl. Sup. Ct. 1968); Allison v. Allison, 150 Colo. 377, 372 P. 2d 946 (1962). See R. 4:42-9; Williams v. Williams, 59 N.J. 229, 233 (1971).

We find no abuse of discretion in either the subsequent allowance of $1,250 to counsel or the manner and quantum of payment of the total amount still due and owing by defendant to counsel for plaintiff on account of both allowances.

Affirmed.

Disposition

Affirmed.

19741023 ...


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