Legal Question in Family Law in New York

There is a separation agreement created in 2005. If the plaintiff proves defendant breached the agreement in not living up to maintenance payment obligations of the contract and has not provided proof of having an active life insurance policy, for the children and spouse, and only provided proof of having a policy for children - beginning after case was filed.. The agreement also states that the breaching party will be responsible for legal fees for the defendant. If a contract states that legal fees shall be awarded to plaintiff, is that cut and dry in all/most cases? should this breach of contract be presented in a NON-negotiable way? The defendant is now living an active foreclosure suit and has been in documented financial hardships as of approximately September 2009...the mortgage would have been paid had the maintenance payments been adhered to in accordance with the contractual obligations; can this be applied for further damages?


Asked on 7/08/10, 9:40 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

1. If a contract states that legal fees shall be awarded to plaintiff, is that cut and dry in all/most cases?

Yes.

2. should this breach of contract be presented in a NON-negotiable way?

That depends upon the circumstances.

3. The defendant is now living an active foreclosure suit and has been in documented financial hardships as of approximately September 2009...the mortgage would have been paid had the maintenance payments been adhered to in accordance with the contractual obligations; can this be applied for further damages?

It's not clear what you mean by "further damages." If you mean is there a pain and suffering award, the answer is no.

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Answered on 7/09/10, 5:14 am


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