Question:
Would my ex-wife have to pay my divorce attorney fees if I have to take her back to court for contempt and she was found guilty?
She agreed to pay me a distributive award for marital debts within 30 days from the date the divorce was finalized. The deadline has passed, she has not paid, and I cannot get in touch with her.
Also, I believe she is about to file bankruptcy. There is specific language in the agreement that the distributive award should not be included in any bankruptcy claims, but my fear is she is going to try.
What are my options? If I have to re-hire legal counsel, would she have to pay my legal fees since she is in contempt of the agreement?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
Her failure to timely make the payments would allow you to file a Petition for Contempt.
You may request attorney’s fees as a result of her failure to timely pay. The judge will then determine whether to grant the request and determine whether to award a reasonable amount of attorney’s fees.
You may wish to file prior to your ex’s bankruptcy petition as bankruptcy often places a temporary hold on all collection actions. This will depend on the exact language of your agreement.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
