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In a post-matrimonial enforcement action, we forgot to request that my ex pay counsel fees. Is it too late after the decision?

Q: In my divorce documents finalized a few years ago, it specified that whoever defaults must pay counsel fees. Fast forward to 2017, and my ex filed an Order to Show Cause to get out of splitting college, but because no solid legal arguments were included, it was not successful and in effect it was simply a default. But I understand you also have to ask for it in the enforcement motion itself and that didn’t happen. Now some people are saying it’s too late to ask for counsel fees if it wasn’t in the enforcement motion or raised shortly afterward, and one person claims you can ask for it at any time. Who’s right?

A: There’s no strict deadline, but the longer you go without filing such an application, the more likely it is that the Court will deny it just because of the delay. More than a few months is starting to get “too long.” Schedule a consult with a Westchester Divorce attorney for a full assessment.

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