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Non compliance with divorce decree by ex- wife

In my divorce agreement it states that my ex wife and I have to maintain open and timely communication regarding our child together it also states we agree to have respectful relationship for the best interest of our child who by the way is 3.
I try to communicate with her via phone and she refuses to answer. She states text only for documentation perposes. I can only text so much so I told her phone would be better. But either way she will not communicate with me. My son has had a bad cough and I try to talk to her and she won't. I'm so fed up. Also another part of the divorce agreement states that I can request changes to the visitation due to my work schedule yet she always just replays no that's my parenting time. I finally told her that for each violation of the agreement I was going to fine her $500 because there is no reasoning with her at all and the only way to get a response is with a monetery consiqence. My question is am I in my legal right to do so
And are there any law cases that have been won with monetery outcome for contempt

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Submitted Thu, 01/01/2015 - 11:28

Hi there. As an attorney and family law mediator I can tell you that you cannot fine your ex for violating the agreement. What you *can* do is file a contempt action against your ex and request that your ex pay your attorneys' fees for doing so. The likelihood that a judge will order such payment will depend on a variety of factors. If a judge finds your ex is in violation of the agreement, the penalty a judge might impose ranges from a stern warning to jail time depending on how the court views your ex's behavior.

It also seems from your post that your agreement with respect to your son is too vague for your situation. In my experience, having a very detailed agreement & parenting plan is ideal: it doesn't mean that parents can't agree to temporary modifications but in those instances where parents cannot agree or discuss things productively, having a very clear parenting plan is critical. If you and your ex can be civil, I would certainly suggest trying to mediate your current issues. Mediation tends to be far less expensive and emotionally burdensome than litigation.

At this point, I would suggest reaching out to a family law litigator to get a handle on your options and then consider whether you and your ex might be willing to mediate a resolution. I, along with many attorneys, offer free initial consultations.

Best of luck,
Meredith Lawrence

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