Non-Payment of Alimony


#1

My ex-husband is required per our separation agreement to make a monthly child support & alimony payment on the first day of every month. This agreement is not incorporated into our divorce. Last month he indicated he would not make the alimony payment but ended up paying the alimony on the 10th of the month. This month he made the child support payment but has not made the alimony payment and will not respond to any emails. I understand that I can sue for Breach of Contract - is this something I can do on my own or should I be represented by an attorney? The cost of attorney fees, even though our agreement states my ex-husband would be responsible for such fees in an event of having to go to court, are too much for me to retain an attorney at this point - last month I had an initial consult and was advised that to go further it would be a $6,000.00 retainer fee. Any advise would be greatly appreciated!


#2

Anyone is entitled to represent themselves in court in any type of action, however I always recommend that one hire an attorney, or at least consult with one prior to moving forward.


#3

Thank you for your response. One more question…it states clearly in our separation agreement that in the event of having to go to court for breach of contract for non-compliance/non-payment on his part, my ex-husband would be responsible for all court costs and attorney fees. Are there attorneys in our area who would require a lesser amount of retainer fee in lieu of this? Or, is there any legal aid available for this type of issue?
Again, thank you for the information and help you provide.


#4

The costs and expenses are normally recovered if the aggrieved party is successful in prosecuting the action (wins the court case). Legal aid will normally not take cases like this.