In a Decision – Newell v. Shain (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that the Family Part properly ordered the spouse to pay counsel fees via weekly wage garnishment following a calculation of appellant’s earned income and his financial commitments toward his three children.
On appeal, appellant argued the current wage execution was not a suitable course of action because it would cause financial hardship for the children. N.J.S.A. 2A:17-50(a) required a trial court to issue an order of wage execution under certain circumstances, including a weekly judgment award of more than $48.00, notice on the judgment debtor and upon satisfactory proofs by affidavit or other facts. Additionally, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment shall not exceed 50% of such disposable earnings, except if such garnishment was to enforce a support order the percentage shall be 55%. 15 U.S.C.A. §1673(b). Pursuant to N.J.S.A. 2A:17-50(a), the court affirmed finding respondent had a judgment entitling her to more than $48 a week from appellant. Further, appellant had sufficient disposable income such that the wage deduction complied with 15 U.S.C.A.§1673 and N.J.S.A. 2A:17-56.9.