Q: My exhusband defaulted on agreement made in my divorce papers . Do I have to pay attorney fees to take him back to court
A: Presumably, there is a provision in the agreement that says that if he defaults in the payment of a financial obligation owed to you and you take him back to court for enforcement of that payment obligation, the court has the right to award you legal fees for the necessity of the retention of counsel and the filing of the application. So, if you hire counsel and file an application, presumably, the court will require him to pay for the cost of your counsel. My suggestion is that you meet with a divorce lawyer and go over with him the terms of your agreement so that he can confirm same and map out the steps to take to collect the money owed to you.
A: Thank you for your question. We understand how frustrating it must be not have your ex-spouse comply with the terms of your divorce agreement. If you file a motion to enforce the agreement and have your ex-spouse found in violation, you can request for contribution of your legal fees where the court would apply several factors to make that determination. You should also review your divorce agreement to see whether there is a provision that would require the defaulting party to pay legal fees. I recommend that you speak with an experienced family law attorney that handles post-judgment enforcement matters to ensure your rights are protected.
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