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Orr v. Orr

Superior Court of New Jersey, Appellate Division

June 3, 2013

MICHELLE ORR, Plaintiff-Respondent,
v.
SEAN ORR, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 25, 2013

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Morris County, Docket No. FM-14-892-03.

Sean Orr, appellant pro se.

Michelle Orr, respondent pro se.

Before Judges Ashrafi and Guadagno.

PER CURIAM

This is the parties' third post-judgment matrimonial appeal in the last three years. See Orr v. Orr, No. A-2030-08 (App. Div. June 17, 2010); Orr v. Orr, No. A-2702-10 (App. Div. Apr. 18, 2012). On June 17, 2010, we reversed an order denying defendant wife's motion for counsel fees. We remanded the matter for a plenary hearing which was held on April 14, 2011. The judge ordered plaintiff to pay $30, 000 in counsel fees. On appeal, appellant raises the following points:

POINT 1
THE TRIAL COURT COMMITTED ERROR BY AWARDING COUNSEL FEES ON A CONTRACT THEORY WHILE THE INDEMNIFICATION LANGUAGE OF THE PSA DID NOT PROVIDE FOR PAYMENT OF COUNSEL FEES AND COURT COSTS. THE TRIAL COURT ALSO ERRED IN AWARDING THOSE FEES AS A CHILD SUPPORT OBLIGATION.
POINT 2
THE COURT COMMITTED ERROR BY REFUSING TO CONSIDER DEFENDANTS FINANCIAL ABILITY TO PAY LEGAL FEES WHICH ARE APPLIED IN ALL MATRIMONIAL DISPUTES.
POINT 3
THE COURT ERRED BY REFUSING TO ALLOW DEFENDANT TO INTRODUCE EVIDENCE OF CURRENT ...

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