Nancy Bilby v. Steven Bilby (2012)

ORDER RE PAYMENT OF AMC FEES (MOTION # 466.00), POSTJUDGMENT

This matter comes before the court by way of a motion by Paul T. Tusch, Esq., the court-appointed Attorney for the Minor Children (“AMC”) Nathaniel and Christopher Bilby.   The court heard the parties on March 2, 2012, following which, counsel asked the court to stay its decision an additional two weeks so as to give the parties an opportunity to resolve matters.   No agreement was reported to the court.

The court having considered the evidence, including the financial affidavits of the parties, the testimony of the witnesses, and the Affidavit of Attorneys Fees (# 482.00) dated March 2, 2012, hereby finds as follows:

1. That the initial retainer in the amount of $10,000.00 has not been fully paid;  that the court ordered the husband to pay 85% of same and the wife to pay 15% of same;  that the husband has paid $8,000.00 and owes a balance of $500.00;  that the wife has paid $1,000.00 and has an outstanding balance of $500.00;

2. That the charges of the AMC for the period December 10, 2010 through February 29, 2012, in the amount of $22,047.55, less the finance charge in the amount of $755.05, for a balance $21,292.50 are fair and reasonable under all the circumstances;  and

3. That each party should continue to bear some share of these expenses;  and that the court finds that, after a payment by each party of $500.00, the husband should pay 85% of the remaining balance and the wife should pay 15% thereof.

ACCORDINGLY, the Motion for Attorneys Fees is HEREBY GRANTED, and IT IS HEREBY ORDERED THAT:  (1) Within thirty (30) days from the date herewith the husband shall pay to Paul T. Tusch, Esq. the sum of $2,250.00, with the balance thereof to be paid in equal monthly installments of $500.00 until said sum shall be paid in full;  (2) Within thirty (30) days from the date herewith the wife shall pay to Paul T. Tusch, Esq. the sum of $805.00, with the balance thereof to be paid in equal monthly installments of $150.00 until said sum shall be paid in full;  and (3) Nothing shall prevent either or both parties from making satisfactory alternate payment arrangements with the AMC, however, in the absence of any alternate payment agreement with the AMC, the foregoing order shall remain in full force and effect until paid in full.

THE COURT

SHAY, J.

Shay, Michael E., J.