Preview
233-531673-13 FILED
TARRANT COUNTY
7/7/2014 1:41:05 PM
THOMAS A. WILDER
DISTRICT CLERK
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.
NO. 233-531673-13
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
AMBREEN CHARANIA § 233rd JUDICIAL DISTRICT
AND §
NASIR CHARANIA § TARRANT COUNTY, TEXAS
MOTION FOR INTERIM ATTORNEYS FEES AND TO TERMINATE SPOUSAL
SUPPORT
NOW COMES NASIR CHARANIA and shows the court the following:
Facts
1. NASIR CHARANIA is not in possession of sufficient income to pay future
attorney’s fees in this case which are estimated to be $25,000 through trial.
Additionally, NASIR CHARANIA cannot afford to continue paying Temporary
Spousal Support to his wife.
2. AMBREEN CHARANIA’s attorney, WAYNE WARD, is in possession of
approximately $87,000 of community funds in his attorney trust account from the
proceeds of the sale of the community property marital residence.
3. At a hearing on KATE SMITH’s withdrawal as attorney of record for AMBREEN
CHARANIA, Judge Harris previously indicated that the attorneys could make
agreements as to the amount of funds to be withdrawn from the trust account to
pay for attorney’s fees.
4. At the beginning of this lawsuit the original attorneys KATE SMITH and ROGER
TAFEL each received $20,000 from the Trust Account. ROGER TAFEL
represented NASIR CHARANIA. At some point during this case, it appears that
Motion for Interim Attorney’s Fees and to Terminate Temporary Spousal Support Page 1 of 5
233-531673-13
Mr. Tafel suffered personal problems that distracted him from the case and
several others. Mr. Tafel unfortunately neglected this case by failing to properly
file discovery or respond to discovery requests or attend hearings. To NASIR
CHARANIA’s knowledge Mr. Tafel has either stopped practicing law voluntarily
or is prohibited from practicing by the state bar. Nevertheless, Mr. Tafel no
longer has the $20,000 in his possession and to date no bill has been provided to
substantiate the fees.
5. In late March 2014, NASIR CHARANIA retained RIDGELY | DAVIS to
represent him. Because his funds were extremely depleted due to the spousal
support payments to his wife and a struggling business he was only able to
provide a retainer of $2,000.00 and then weeks later made an additional deposit of
$1,500.00. In June, NASIR CHARANIA borrowed money to pay RIDGELY |
DAVIS an additional $5,000.00.
6. This case involves a business entity that operates a service station and there is a
dispute as to the value of the company and as such the discovery needed to
proceed to trial is extensive and depositions must be taken.
7. In April of 2014, AMBREEN CHARANIA fired her attorney KATE SMITH and
hired SANDRA BARBEAU. Immediately, after hiring Ms. BARBEAU,
AMBREEN CHARANIA through her attorney caused the Forensic account
appointed by the court to terminate his services because of harassing emails made
by AMBREEN CHARANIA and because her new attorney requested that the
accountant cease working on the case. This happened just after NASIR
CHARANIA provided the accountant with thousands of pages of vital documents
Motion for Interim Attorney’s Fees and to Terminate Temporary Spousal Support Page 2 of 5
233-531673-13
to help him amend his value of the business. The forensic accountant had been
paid approximately $20,000 as well. The termination of the accountant caused a
significant waste of community funds.
8. After AMBREEN CHARANIA paid her attorney SANDRA BARBEAU what is
believed to be a bill of approximately $6,000.00, she terminated Ms.
BARBEAU’s services within a matter of weeks and hired WAYNE WARD and it
is believed that she paid Mr. WARD as retainer between $5,000 - $15,000.
9. Since the entry of the Temporary Orders in this case AMBREEN CHARANIA
has been receiving $2,234.25 as monthly Spousal Support from NASIR
CHARANIA who can barely afford to pay his own bill much less attorney’s fees.
At the Temporary Orders hearing, it appears AMBREEN CHARANIA submitted
to the court a Financial Statement of her Monthly Income, which she swore was
accurate, and it reflected that her net monthly income was approximately
$1,188.00 per month. A copy of the Financial Statement is attached as EXHIBIT
“A”, and incorporated herein by reference. NASIR CHARANIA’s Financial
Statement indicated that he was making a net income of $5,098 per month. A
Copy of NASIR CHARANIA’s Financial Statement is attached as EXHIBIT “B”
and incorporated herein by reference.
10. However, on AMBREEN CHARANIA’s 2013 tax return she reported a Gross
Earnings at $37,196.00. A copy of her tax return will be provided at the hearing.
A Gross income of $37,196.00 would indicate that her gross earnings a month
were $3,099.66 and subtracting out her withholding, Social Security, and
insurance would yield her a net of $2,569.66. In addition, AMBREEN
Motion for Interim Attorney’s Fees and to Terminate Temporary Spousal Support Page 3 of 5
233-531673-13
CHARANIA’s income appears to have increased since the Temporary Orders to
approximately $6,050 gross per month at an hourly rate of $34.62. A copy of her
pay stubs through April 2014 are attached as EXHIBIT “C” and incorporated
herein by reference.
Argument:
11. AMBREEN CHARANIA appears to have understated her income at the
Temporary orders hearing which may have caused the court to rule differently on
the Temporary Spousal Support. In addition, because itseems that AMBREEN
CHARANIA now earns the same if not more than her husband does annually,
AMBREEN CHARANIA should no longer be entitled to Temporary Spousal
Support.
12. Additionally, NASIR CHARANIA does not have access to any additional funds
to pay for the legal expenses involved in this case. The funds held by Mr. Ward
are community funds and should be accessible to NASIR CHARANIA to pay his
legal expenses. AMBREEN CHARANIA’s actions that caused the termination of
the forensic accountant wasted nearly $20,000 dollars in community funds and in
addition to the $20,000.00 she already exhausted on Kate Smith – who actually
worked to advocate for her client unlike NASIR CHARANIA’s previous Attorney
– AMBREEN CHARANIA has also spent another $11,000 - $21,000 on two
different attorneys in a matter of weeks.
13. For the reasons above, NASIR CHARANIA requests that his attorneys be
permitted to withdrawal $25,000 in attorney’s fees to prepare this case for trial
Motion for Interim Attorney’s Fees and to Terminate Temporary Spousal Support Page 4 of 5
233-531673-13
and have the spousal support terminated or at least reduced.
Prayer
14. NASIR CHARANIA prays that this court terminate or at least reduce the Spousal
Support Payments previously ordered by the court and award RIDGELY | DAVIS
$25,000 in attorney’s fees to be placed in their trust account until earned. NASIR
CHARANIA prays for general relief.
Respectfully submitted,
RIDGELY | DAVIS
4100 Spring Valley Road, Ste 870
Dallas, TX 75244
Tel: (972) 991-1112
Fax: (972) 404-9888
Email: Nick@ridgelydavis.com
/s/Nicholas A. Davis
NICHOLAS A. DAVIS
State Bar No. 24062692
Attorney for Nasir Charania
CERTIFICATE OF SERVICE
I certify that on JULY 7, 2014, a true and correct copy of the above was served on WAYNE
WARD in accordance with the Texas Rules of Civil Procedure.
/s/Nicholas A. Davis
NICHOLAS A. DAVIS
State Bar No. 24062692
CERTIFICATE OF CONFERENCE
I certify that I have conferenced with opposing counsel’s office regarding the above motion. An
agreement as to the motion cannot be reached and as such a hearing is necessary.
/s/Nicholas A. Davis
NICHOLAS A. DAVIS
Motion for Interim Attorney’s Fees and to Terminate Temporary Spousal Support Page 5 of 5
233-531673-13
EXHIBIT ''A'' .
233-531673-13
Cause No. 233-531673-13
MONTHLY INCOME_O._F_:_____ _
·-- +
AMBREEi'TCHAR-ANIA
. -'I
PREPARED BY: KATE SMITH
FINANCIAL STATEMENT - MONTHLY INCOME I
EMPLO"t'MENT INCOME: Ra:e of Pay: Monthly. Semi-Mo .. 81-Wkly or weekly
-·-· ·----Gross Income ·- · · ------ . -· 2229"
.,. ____ ··---·--- --· L ---··-
___ .....; _______
--· E81
145"'
··----·- ---- ---· 295-
- · - · · 511:
·susir.ess Expenses (w/o depreciation)
· --- Est Withhold'1n0x - - - .. __
- ·- --~Est- Social Security°& Medicare__ _
-----Expe-nsest./'/rite Offs- · ·· ·- ··- -··
... --
- -NET SELF-EMPLOYM°E-NTltTCOME:
OTHER NON-EMPLOYMENT INCOME
___ --jO-nemployment Benef~s ___·_-_·.----~-=--------·-
____ __JWorker's Comp. &_p_is_ability Benefits
-·· ----·-
___________g~ocial Se~u~!Z______ _ ____ -·
------~~~~~. Divi_dend & ~oy~l!l'~'lco~'ne ________ ____ ..
l!-Jet ~.::!:1tal l_~c:ome
_ . ··- _ . -------·---···- ____ _
--~i~Pension_,_R~!iremen~._& Annui0' l:i.com~------ .... ________ _
·--
1rrust Income ... --· ______________
'Other Income
233-531673-13
EXHIBIT ''B''
-------------------
233-531673-13
FINANCIAL STATEMENT - INCOME
CASE NO. 2.j3 ~ 53/&, 7 j - /3
( } Pet:t;oner ( JMovart ~espondent DATE OF INFORMATION; &__) I0 / l3
[ AM PAIO~r:onth!y Il Twice Per Month
/A~r:;;;c__
/""'-rvery Two Weeks ()Weekly
kcrZ- Jr{.
NEXT PAY CHECK DUE: U J2j?. )/3
Attorney
HONlh""LY INCO!--:Z
b.
Social Sa::-..tr: l~y
& Hedicare ....•.••• • ~c--..._....--~....(~---J
d. Other Deduct ion: ,·· ··•• ---------lf--T----=--=--:;--;;:;--
e. Ne-:: Inccrr,a ,(Subtract b,c Ii d !rom ·! lei S
a) . . . . . . . . . . . . . . . . .j'~ ±0
2. Salf-Zrnploymen·t Income (i\verag&t)
a. Groee Income ...........•........••.• >-"'a-+---------;
I
b. BuainQ8Q Zxp
Preview
233-531673-13 FILED TARRANT COUNTY 7/7/2014 1:41:05 PM THOMAS A. WILDER DISTRICT CLERK NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. NO. 233-531673-13 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § AMBREEN CHARANIA § 233rd JUDICIAL DISTRICT AND § NASIR CHARANIA § TARRANT COUNTY, TEXAS MOTION FOR INTERIM ATTORNEYS FEES AND TO TERMINATE SPOUSAL SUPPORT NOW COMES NASIR CHARANIA and shows the court the following: Facts 1. NASIR CHARANIA is not in possession of sufficient income to pay future attorney’s fees in this case which are estimated to be $25,000 through trial. Additionally, NASIR CHARANIA cannot afford to continue paying Temporary Spousal Support to his wife. 2. AMBREEN CHARANIA’s attorney, WAYNE WARD, is in possession of approximately $87,000 of community funds in his attorney trust account from the proceeds of the sale of the community property marital residence. 3. At a hearing on KATE SMITH’s withdrawal as attorney of record for AMBREEN CHARANIA, Judge Harris previously indicated that the attorneys could make agreements as to the amount of funds to be withdrawn from the trust account to pay for attorney’s fees. 4. At the beginning of this lawsuit the original attorneys KATE SMITH and ROGER TAFEL each received $20,000 from the Trust Account. ROGER TAFEL represented NASIR CHARANIA. At some point during this case, it appears that Motion for Interim Attorney’s Fees and to Terminate Temporary Spousal Support Page 1 of 5 233-531673-13 Mr. Tafel suffered personal problems that distracted him from the case and several others. Mr. Tafel unfortunately neglected this case by failing to properly file discovery or respond to discovery requests or attend hearings. To NASIR CHARANIA’s knowledge Mr. Tafel has either stopped practicing law voluntarily or is prohibited from practicing by the state bar. Nevertheless, Mr. Tafel no longer has the $20,000 in his possession and to date no bill has been provided to substantiate the fees. 5. In late March 2014, NASIR CHARANIA retained RIDGELY | DAVIS to represent him. Because his funds were extremely depleted due to the spousal support payments to his wife and a struggling business he was only able to provide a retainer of $2,000.00 and then weeks later made an additional deposit of $1,500.00. In June, NASIR CHARANIA borrowed money to pay RIDGELY | DAVIS an additional $5,000.00. 6. This case involves a business entity that operates a service station and there is a dispute as to the value of the company and as such the discovery needed to proceed to trial is extensive and depositions must be taken. 7. In April of 2014, AMBREEN CHARANIA fired her attorney KATE SMITH and hired SANDRA BARBEAU. Immediately, after hiring Ms. BARBEAU, AMBREEN CHARANIA through her attorney caused the Forensic account appointed by the court to terminate his services because of harassing emails made by AMBREEN CHARANIA and because her new attorney requested that the accountant cease working on the case. This happened just after NASIR CHARANIA provided the accountant with thousands of pages of vital documents Motion for Interim Attorney’s Fees and to Terminate Temporary Spousal Support Page 2 of 5 233-531673-13 to help him amend his value of the business. The forensic accountant had been paid approximately $20,000 as well. The termination of the accountant caused a significant waste of community funds. 8. After AMBREEN CHARANIA paid her attorney SANDRA BARBEAU what is believed to be a bill of approximately $6,000.00, she terminated Ms. BARBEAU’s services within a matter of weeks and hired WAYNE WARD and it is believed that she paid Mr. WARD as retainer between $5,000 - $15,000. 9. Since the entry of the Temporary Orders in this case AMBREEN CHARANIA has been receiving $2,234.25 as monthly Spousal Support from NASIR CHARANIA who can barely afford to pay his own bill much less attorney’s fees. At the Temporary Orders hearing, it appears AMBREEN CHARANIA submitted to the court a Financial Statement of her Monthly Income, which she swore was accurate, and it reflected that her net monthly income was approximately $1,188.00 per month. A copy of the Financial Statement is attached as EXHIBIT “A”, and incorporated herein by reference. NASIR CHARANIA’s Financial Statement indicated that he was making a net income of $5,098 per month. A Copy of NASIR CHARANIA’s Financial Statement is attached as EXHIBIT “B” and incorporated herein by reference. 10. However, on AMBREEN CHARANIA’s 2013 tax return she reported a Gross Earnings at $37,196.00. A copy of her tax return will be provided at the hearing. A Gross income of $37,196.00 would indicate that her gross earnings a month were $3,099.66 and subtracting out her withholding, Social Security, and insurance would yield her a net of $2,569.66. In addition, AMBREEN Motion for Interim Attorney’s Fees and to Terminate Temporary Spousal Support Page 3 of 5 233-531673-13 CHARANIA’s income appears to have increased since the Temporary Orders to approximately $6,050 gross per month at an hourly rate of $34.62. A copy of her pay stubs through April 2014 are attached as EXHIBIT “C” and incorporated herein by reference. Argument: 11. AMBREEN CHARANIA appears to have understated her income at the Temporary orders hearing which may have caused the court to rule differently on the Temporary Spousal Support. In addition, because itseems that AMBREEN CHARANIA now earns the same if not more than her husband does annually, AMBREEN CHARANIA should no longer be entitled to Temporary Spousal Support. 12. Additionally, NASIR CHARANIA does not have access to any additional funds to pay for the legal expenses involved in this case. The funds held by Mr. Ward are community funds and should be accessible to NASIR CHARANIA to pay his legal expenses. AMBREEN CHARANIA’s actions that caused the termination of the forensic accountant wasted nearly $20,000 dollars in community funds and in addition to the $20,000.00 she already exhausted on Kate Smith – who actually worked to advocate for her client unlike NASIR CHARANIA’s previous Attorney – AMBREEN CHARANIA has also spent another $11,000 - $21,000 on two different attorneys in a matter of weeks. 13. For the reasons above, NASIR CHARANIA requests that his attorneys be permitted to withdrawal $25,000 in attorney’s fees to prepare this case for trial Motion for Interim Attorney’s Fees and to Terminate Temporary Spousal Support Page 4 of 5 233-531673-13 and have the spousal support terminated or at least reduced. Prayer 14. NASIR CHARANIA prays that this court terminate or at least reduce the Spousal Support Payments previously ordered by the court and award RIDGELY | DAVIS $25,000 in attorney’s fees to be placed in their trust account until earned. NASIR CHARANIA prays for general relief. Respectfully submitted, RIDGELY | DAVIS 4100 Spring Valley Road, Ste 870 Dallas, TX 75244 Tel: (972) 991-1112 Fax: (972) 404-9888 Email: Nick@ridgelydavis.com /s/Nicholas A. Davis NICHOLAS A. DAVIS State Bar No. 24062692 Attorney for Nasir Charania CERTIFICATE OF SERVICE I certify that on JULY 7, 2014, a true and correct copy of the above was served on WAYNE WARD in accordance with the Texas Rules of Civil Procedure. /s/Nicholas A. Davis NICHOLAS A. DAVIS State Bar No. 24062692 CERTIFICATE OF CONFERENCE I certify that I have conferenced with opposing counsel’s office regarding the above motion. An agreement as to the motion cannot be reached and as such a hearing is necessary. /s/Nicholas A. Davis NICHOLAS A. DAVIS Motion for Interim Attorney’s Fees and to Terminate Temporary Spousal Support Page 5 of 5 233-531673-13 EXHIBIT ''A'' . 233-531673-13 Cause No. 233-531673-13 MONTHLY INCOME_O._F_:_____ _ ·-- + AMBREEi'TCHAR-ANIA . -'I PREPARED BY: KATE SMITH FINANCIAL STATEMENT - MONTHLY INCOME I EMPLO"t'MENT INCOME: Ra:e of Pay: Monthly. Semi-Mo .. 81-Wkly or weekly -·-· ·----Gross Income ·- · · ------ . -· 2229" .,. ____ ··---·--- --· L ---··- ___ .....; _______ --· E81 145"' ··----·- ---- ---· 295- - · - · · 511: ·susir.ess Expenses (w/o depreciation) · --- Est Withhold'1n0x - - - .. __ - ·- --~Est- Social Security°& Medicare__ _ -----Expe-nsest./'/rite Offs- · ·· ·- ··- -·· ... -- - -NET SELF-EMPLOYM°E-NTltTCOME: OTHER NON-EMPLOYMENT INCOME ___ --jO-nemployment Benef~s ___·_-_·.----~-=--------·- ____ __JWorker's Comp. &_p_is_ability Benefits -·· ----·- ___________g~ocial Se~u~!Z______ _ ____ -· ------~~~~~. Divi_dend & ~oy~l!l'~'lco~'ne ________ ____ .. l!-Jet ~.::!:1tal l_~c:ome _ . ··- _ . -------·---···- ____ _ --~i~Pension_,_R~!iremen~._& Annui0' l:i.com~------ .... ________ _ ·-- 1rrust Income ... --· ______________ 'Other Income 233-531673-13 EXHIBIT ''B'' ------------------- 233-531673-13 FINANCIAL STATEMENT - INCOME CASE NO. 2.j3 ~ 53/&, 7 j - /3 ( } Pet:t;oner ( JMovart ~espondent DATE OF INFORMATION; &__) I0 / l3 [ AM PAIO~r:onth!y Il Twice Per Month /A~r:;;;c__ /""'-rvery Two Weeks ()Weekly kcrZ- Jr{. NEXT PAY CHECK DUE: U J2j?. )/3 Attorney HONlh""LY INCO!--:Z b. Social Sa::-..tr: l~y & Hedicare ....•.••• • ~c--..._....--~....(~---J d. Other Deduct ion: ,·· ··•• ---------lf--T----=--=--:;--;;:;-- e. Ne-:: Inccrr,a ,(Subtract b,c Ii d !rom ·! lei S a) . . . . . . . . . . . . . . . . .j'~ ±0 2. Salf-Zrnploymen·t Income (i\verag&t) a. Groee Income ...........•........••.• >-"'a-+---------; I b. BuainQ8Q Zxp