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Wednesday, June 27, 2012

EDIE BRITMAN SAURO VS. FRANK SAURO IN THE MATTER OF BUDD LARNER, P.C. A-2735-09T3


EDIE BRITMAN SAURO VS. FRANK SAURO IN THE MATTER OF BUDD
LARNER, P.C.
 A-2735-09T3

   The law firm of Budd Larner, P.C., one of three firms that represented plaintiff during this protracted matrimonial case, appeals the Family Part's equitable distribution award,
arguing that the manner in which the court allocated the parties' marital assets negatively affected the firm's attorney charging lien pursuant to N.J.S.A. 2A:13-5.

Invoking its parens patriae responsibility, the Family Part established a college trust account by allocating money that would have otherwise been subject to equitable distribution,
took action to ensure that defendant honored his support obligation, and set aside a modest amount to permit plaintiff to acquire skills to enter the labor force independent of defendant's support.

We affirm and hold that the Family Part's actions were within its discretionary authority and in keeping with its parens patriae responsibility.  Dedicating these funds towards a
specific future purpose before the entry of final judgment was not inconsistent with the protections afforded to attorneys in N.J.S.A. 2A:13-5.  The lien attaches only to funds available to the parties at the time of the final disposition of the case. 05-14-12