Contingent Fee for Recovery of Post Divorce Alimony Arrearages

122 N.J.L.J. 1246
November 10, 1988
 

OPINION 618

Contingent Fee for Recovery
of Post Divorce Alimony Arrearages

The Inquirer asks whether he may represent a prospective client who desires to retain him, on a contingent fee basis, to recover post-judgment alimony arrears. The judgment of divorce was entered in the Superior Court of New Jersey in 1983, and the debtor ex-spouse resides in New Jersey. The amount of alimony was determined by the original judgment of the divorce, and the contemplated action seeks recovery of the arrearages.
RPC 1.5(d)(1) provides:
(d) A lawyer shall not enter into an arrangement for, charge, or collect:
 
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof;... .
 
We are of the opinion that the foregoing Rule does not preclude the contingent fee representation, since the contemplated action is related to post-judgment alimony, and does not seek the initial determination of alimony or support, which is prohibited by RPC 1.5(d)(1).