On October 2, 2018, the Appellate Division handed down an unpublished decision in Rooney Sahai v. Susan Sahai, a post-judgment matrimonial matter on appeal from Bergen County.
The parties divorced in 2012 after 26 years of marriage. Their Property Settlement Agreement (PSA) provided for no parenting time between Susan and the parties’ severely disabled adult daughter, even though both parties cared for the child from the time of her birth through the entry of their divorce. In July 2014, Susan filed a motion to vacate the PSA on the grounds that Rooney coerced her into signing it. The court scheduled a plenary hearing shortly thereafter.
Over the 4 ½ years that followed Susan’s motion; Rooney engaged in what the Appellate Division labeled as “obstructionist litigation.” Rooney failed to comply with 3 separate court orders (including a consent order), entered over the course of 9 months, for Susan to have visitation with the parties’ daughter. Rooney initiated a criminal complaint against Susan with the Bergen County Prosecutor’s office (which was administratively dismissed). He also filed civil suits against Susan’s attorney in Superior Court and Federal Court (both of which were also dismissed). During all of this chaos, the trial court imposed $20,000 in sanctions against Rooney for his non-compliance with court orders as well as ordering him to pay over $10,000 in attorney’s fees.
Rooney filed 2 appeals relative to the sanctions and attorney’s fees. Prior to the Appellate Division reviewing the matter, Susan’s attorney informed the court that the plenary hearing was still pending, as the trial court was now awaiting the Appellate Division’s decision.
On appeal, the court noted that Rooney had failed to comply with the financial discovery that was required of him at the trial level. For that reason, he could not now come before the Court and claim an inability to pay. The Appellate Court also supported the trial court’s statements that it did not find Rooney’s testimony about his financial circumstances to be credible, and that it was able to make a “reasonable inference” that he was either attempting to hide money or attempting to mislead the court. The Appellate Court ultimately affirmed the trial court’s award of counsel fees and imposition of sanctions.