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
