More than listening, parties need to obtain the benefit of the bargain reached in a divorce resolution. Sometimes, divorcing or divorced people feel overwhelmed when their spouse or former spouse fail to comply with court orders. They had reached a bargain, but suddenly they are no longer reaping its benefit. When this happens, it may be necessary to formally apply to the court for enforcement if letters or more informal requests don’t work. Wronged parties then end up incurring counsel fees to simply try and get the benefit of their original agreement.
It is fundamentally unfair to have terms put in place only to have them ignored or not complied with in some capacity. Imagine the mental and emotion toll this can take on someone. After listing to your friend describe this situation, urge them to take action. They should seek legal fees and insist on accountability and enforcement, particularly if one party is in a far superior financial position. The Matrimonial and Family Law practice group at Mandelbaum Barrett is available to answer any questions you may have.