My Lawyer is awaiting my payment. She claims I owe her over $7,000 In our divorce decree which was signed in Feb of last year it clearly states : Future Attorneys’ fees arising from Breach If either party shall default in the preformance of any of the obligations of this agreement the other party shall recover her reasonable attorney’s fees and costs of enforcement…
we spent the last year back and forth trying to get my ex husband to pay up on the house we owned (he stayed I moved out) so My question is should I take this matter back to my lawyer and have her look at those fees that are 90% from having to go back 3 or 4 times to get him to pay up on his debt? or should I just roll over and pay her the money?
Typically a section in a separation agreement on attorney’s fees arising from breach is related to the party not in breach suing the breaching party of breach of contract. When a lawsuit for breach of contract is brought, then this section of the separation agreement kicks in and the breaching party shall pay the non-breaching party their attorney’s fees for having to enforcement the agreement.
If this is the case in your separation agreement, then it sounds like you did not file a breach of contract but rather tried to force your ex-husband to follow the terms of the separation agreement by other means, to which you would owe your attorney the fees.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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