High Net Worth Divorce
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Domestic Abuse

How can I get my post divorce stipulation enforced?

Q: I got divorced 3 years ago. The procedure was quick and amicable. However shortly after my ex started to misbehave and we had to go back to court several times. We signed last year a petition in order to tighten our agreement (mainly around access time for our daughter). However he keeps breaching it. Small breaches (he is late to drop off our daughter, says bad things to her about me…). Each incident alone does not seem severe enough for me to go back to court but the accumulation makes it very annoying. What can I do? He makes much less than me so I’m afraid I may not get any legal fee reimbursed if I go back to court and at this point I’d rather save for college for my daughter than paying more legal fees….

A: Granting of counsel fees is mandatory if a violation is proven – thus the award is not dependent on a disparity of income. At the least, you should keep track of the minor violations via a paper-trail. You should then state that if he’s more than 30 minutes late, that time will be subtracted from his next visit (& if he doesn’t agree, then go back to court & have a Judge tell him that). Schedule a consult with a White Plains Child Custody attorney for a full assessment…

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