Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Pelusio v. Pelusio

New Jersey Superior Court, Appellate Division


Decided: October 23, 1974.

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

Lynch, Allcorn and Milmed.

Per Curiam

[130 NJSuper Page 539]

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


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.