Ex has breached separation agreement numerous times


#1

When my husband left his ex 4 years ago they established a separation agreement that outlined the future responsibilities for the mother and the father. (The typical you pay for this, you pay for that, you can’t do this, you can’t do that)

The children’s mother has broken several of the stipulations that were outlined in the agreement over the past 4 years.

I am under the understanding that breaking these stipulations is worded as “a breach of agreement” & can be brought before a judge.

What would happen if we went before a just and presented these things to him/her? How could this effect our situation? Could it or would it help? I just don’t know if we chose to do this how it could help us. We have been dealing with a recent breach of agreement with her and may need to go to court to settle it.

Any ideas as far as cost is concerned to do something like this?

Thank you for your time & I look forward to a reply.


#2

The cost of a breach of contract action will depend type of fee arrangement you have with an attorney, some offer flat rates, and others bill hourly. In an hourly situation the cost will depend on the number of hours it takes, and the hourly fee of the attorney. In flat fee agreements the attorney will quote you one flat rate.

Many separation agreements provide for reimbursement of attorney’s fees to the prevailing party. If your agreement has such a provision, and you win your case, the other side can be required to reimburse you for your attorney’s fees.


#3

Erin… Can you answer this part of my post?
[i]
The children’s mother has broken several of the stipulations that were outlined in the agreement over the past 4 years.

I am under the understanding that breaking these stipulations is worded as “a breach of agreement” & can be brought before a judge.

What would happen if we went before a just and presented these things to him/her? How could this effect our situation? Could it or would it help? I just don’t know if we chose to do this how it could help us. We have been dealing with a recent breach of agreement with her and may need to go to court to settle it.[/i]


#4

I cannot predict what will happen in any given case.


#5

thanks again Erin… I appreciate all of your time today.