I am a teacher who sought divorce when my ex-husband's (a doctor)substance abuse became unbearable. He spent over $150K of our "house savings" on rehab and legal fees, has a trust fund, lives at home with his parents, and has just returned to work after 3 years of not working. We have been legally divorced since last February. Since then he has filed two "contempt" charges--one full of 18 ridiculous charges (i.e. I "called his girlfriend a fluzzy") which were dismissed. I have filed one contempt charge for his failing to inform me of several positive drug tests. He was found in contempt for this. Our separation agreement states that if one party is found in breach of the agreement, the other party will be awarded "reasonable counsel and related fees". He was found to be in breach but I was awarded only $650 of approx $6000 attorney fees. Do I have any recourse in asking the judge for these attorney fees or to prevent further "frivolous" contempt charges in the future? Someone had mentioned "pendente lite" but this does not seem applicable in my situation. I have just been sent a court date for a Complaint for Modification that will be heard March 12 in probate court. I am trying desperately to keep legal fees down as I was the sole earner for 3 years and have high mortgage, heat etc. expenses. Much thanks for any suggestions you might have.
Submitted by jillian on Mon, 03/02/2009 - 10:09
Editor's Response
Sorry, Jillian, but not only is family law not my area of specialty, but without seeing the docs in questions and understanding your relationship with your current attorney, it is difficult for me to provide a meaningful answer. You might want to consider consulting a different attorney. I know . . . more money. But if your current attorney is charging you $6,000 to deal with a frivolous claim and cannot explain why or why you cannot recoup the costs, checking with a different attorney may save you money in the long run. Often, attorneys will offer a free, initial consultation. Good luck.