My ex-husband constantly fights me on what we already signed off on in our agreement re: child support as well as other financial odds and ends - he either drags his feet or denies responsibility. I have to call him regularly to collect money that we both already agreed he would pay. I hate being dependent on him. I am looking for a better job so I am not so reliant but the economy is tough. I hesitate to take him to court because I don't want to do something destructive to my sons, and frankly, it will be very difficult for me to afford. If I do end up taking him to court, what are my chances of success at recouping what we agreed on, and will I be able to charge him with the legal fees if I win?
Getting reimbursement for Attorney/legal fees is not simple. It is up to you to ask for them in your moving papers and up to the Judge to grant them. There is a very high threshhold to overcome in order for a Judge to grant them.
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Ronald Glenn LiebermanDivorce / Separation LawyerHaddonfield, NJ ·
A judge has discretion to award fees however you do not want to stay on the sidelines without protecting you and your children. A judge looks to be fair to everyone so don't let the issue of fees keep you from moving forward.
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Recouping legal fees is never a given. However, there are things you can do to give yourself a fighting chance. First, make sure you are doing everything you are supposed to be doing. Second, reach out to him either yourself or through an attorney telling him what he is doing wrong, that you want to resolve the situation without the need to go to court. Third, tell him that if he does force you to go to court, you will be seeking counsel fees from him. In the unfortunate event you have to go to court to get what you are already entitled to, the above will provide you with the best opportunity to recoup some or all of your legal fees. However, be warned, even when doing all of the above, it is still difficult to get fees because it is completely up to the discretion of the judge.
Disclaimer: the above is provided for informational/educational purposes only. It is not to be considered legal advice and no client/attorney privilege has been established as a result of same.
