In a Decision – James v. Whitehead., (an "Unreported Decision") >> the Court Held:
The Appellate Division agreed with the Trial Judge that Mother did not waive her right to attorney fees in the 2013 order, the order did not reference attorney fees in any future matters concerning the child and there was adequate evidence to support the judge's award of $119,000 in attorney fees.
The mother did not waive her right to attorney's fees. The language of the consent order provides that the parties "shall each pay for their own attorney['s] fees and costs related to resolving the issues contained within this consent order." The consent order does not reference attorney's fees in any future matters concerning the child, and the order does not reflect that the mother knowingly and intentionally waived her rights to such future fees.