Wednesday, April 30, 2014

ARIEL SCHOCHET VS. SHARONA SCHOCHET A-3601-13T2


 ARIEL SCHOCHET VS. SHARONA SCHOCHET 
A-3601-13T2 The court granted plaintiff's application to seek emergent relief from an order that denied his request for the appointment of experts at public expense to testify at an ability to pay hearing conducted pursuant to Rule 1:10-3. Relying upon Pasqua v. Council, 186 N.J. 127 (2006), he argues that such appointment is constitutionally required because he faces possible incarceration if the trial court finds he willfully failed to pay his support obligations. Mindful that the appointment of counsel at public expense is required only when an obligor is indigent, we note that the occasion in which an indigent obligor's financial circumstances are so complex as to require expert testimony will be extraordinary. We conclude that plaintiff has failed to show the appointment of experts at public expense is constitutionally required in this case.  04/23/14

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