Divorce: New York

Divorce: New York

Tag Archives: Charging Lien

Attorney’s Charging Lien Enforced Against Child Support Arrears

Posted in Attorney and Client, Child Support (C.S.S.A.)
In its May 1, 2015 decision in Mura v. Mura, the Appellate Division, Fourth Department, affirmed an order of Monroe County Supreme Court Justice Richard A. Dollinger that enforced an ex-wife’s attorney’s charging lien against a fund from which child support arrears were to be paid. The parties were divorced in 1993. The Monroe County judgment of divorce… Continue Reading

Collecting Counsel Fees in Divorce Actions: Charging Lien Against IRA Denied

Posted in Counsel Fees, Enforcement of Support and Orders
In his February 26, 2013 decision in J.K.C. v T.W.C., Monroe County Supreme Court Justice Richard A. Dollinger held that an attorney could not have a charging lien under Section 475 of the Judiciary Law against the IRA received by his former client (the wife) as her marital share of the husband’s IRA. IRAs, generally, are exempt from creditor’s… Continue Reading