Separation Agreement and Property Agreement


#1

In August 2015 my ex husband and I signed this agreement. I have abided by the whole agreement and he has not.I have returned all items in the agreement in the amount of time that was stated and yet 9 months later he hasn’t. At the time our 3 children were living with me. I have full custody of all three but my oldest is currently with him. We have done mediation and Mediator confirmed this to him. In agreement his obligation is to pay a certain amount in “Family Support”. This includes mortgage and child support. He’s only paid mortgage (that I know of) but nothing else since January of this year. How do I go about having the agreement enforced without it breaking me?


#2

You will have to sue your ex-husband for breach of contract in order to have the agreement enforced (called specific performance) or to be awarded damages to compensate you for a breach. Be sure to read your separation agreement as it may have a paragraph or two about what to do in the event of a breach and whether attorneys fees are recoverable.

Sometimes threatening a breach of contract suit to the breaching party will help with compliance under the terms of the separation agreement.

Check out our article Breach and Enforcement of Separation Agreements in North Carolina for detailed information about breach of contract suits and remedies.


#3

It does state that in the event it becomes necessary to institute legal action to enforce compliance with the terms of the agreement then loosing party shall be solelely responsible for all legal fees incurred by the other party. How do I go about proceeding with this? I’m waiting anyday for a forclosure notice on house because he has been threatening for months to not pay mortgage. What is your firms consultation fee and retainer fee? I’m a single mom who spends most of her days in carpool and I’m already $60,000 into this agreement that he and his attorney presented and I agreed to but he refuses to abide by! I’ve already had to have a DVPO isssued for the first year of seperation and with all of the threats and harrassment I’m thinking it would be in my best interest to have another done. Advice???


#4

Our consultation fee is $300 and they generally last 1 to 1.5 hours. You can call (919) 787-6668 to set up a consultation. A fee will be set once an attorney meets with you and gathers more information.

According to what you’ve provided about your separation agreement, if you are successful in a breach of contract suit, then your ex-husband would be required to reimburse you for your attorney’s fees. You would have to file a breach of contract lawsuit and have a judge determine whether or not he has breached the agreement before you could be reimbursed.

You can file for another domestic violence protective order (assuming your first one is now expired) if you believe an act or acts of domestic violence have been committed against you or your family or household members. Acts of domestic violence include attempting to cause or intentionally causing bodily injury, fear of imminent serious bodily injury or continued harassment, etc.