In a Decision – Brandspiegel-Arbely v. Arbely, N.J. Super. App. Div.. (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that the Trial Court’s award of alimony, child support, equitable distribution, and counsel and expert fees was warranted.
Husband appealed from the trial court's order following a divorce bench trial, awarding Wife alimony, child support, equitable distribution, and counsel and expert fees. At trial, plaintiff's accounting expert testified that he had determined that defendant failed to report a substantial amount of cash sales from his business to the IRS. The trial court based its equitable distribution and alimony award in part on the expert’s opinions, finding Husband to be not credible and voluntarily unemployed. The Appellate Division held no error in the trial court's reliance on the expert's findings, noting that the trial court had found that Husband failed to cooperate with the expert and lacked candor throughout the proceedings, whereas the expert was found to be a highly credible witness.