DARMANIN v. DARMANIN


224 N.J. Super. 427 (1988)

540 A.2d 913

ANTHONY DARMANIN, PLAINTIFF-RESPONDENT, v. LENORE DARMANIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1988.


Attorney(s) appearing for the Case

Cohen & Kron, attorneys for appellant (Lawrence P. Cohen, on the brief).

Boyar, Higgins & Hayden, attorneys for respondent (Katharine Sweeney Hayden, on the letter brief).

Before Judges FURMAN, BRODY and LONG.


The opinion of the court was delivered by BRODY, J.A.D.

The issue in this appeal is whether a court may award counsel fees to sanction the party assessed for failing to make a prima facie showing of changed circumstances on her motion for increased child support. We hold that counsel fees may not be assessed in a family action as a sanction for asserting an unsuccessful claim or raising an unsuccessful defense.

Defendant (the wife) moved for an increase...

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