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THE COST OF NOT BEING COLLABORATIVE
By Leslee J. Newman, Esq., CFLS
Recently, I received a telephone call from one of my clients (who I’ll refer to as “Hank”) whose divorce was completed in November, 2003 through the collaborative process. Hank’s collaborative divorce case, which included the issues of property division, child custody, and support, took approximately six months to complete at a total cost for the two collaborative attorneys and financial professional of less than $15,000.00.
In November, 2005, Hank’s wife (who I’ll refer to as “Wendy”), and her collaborative attorney, requested that we discuss increasing child support, “if that was appropriate,” as Wendy believed that Hank was earning more money. Wendy’s attorney asked that we exchange copies of tax returns and income information to settle this matter out of court, just as we had resolved the original divorce.
As we exchanged documents and Wendy saw how Hank’s income had increased, Wendy asked for more child support for the youngest child who would graduate high school in a few years.
Hank agreed to pay more child support, but not the higher amount that Wendy requested. I strongly warned Hank that if we couldn’t settle this matter collaboratively, he could be looking at costly court litigation.
Hank was angry that Wendy was asking for more. He knew that Wendy owned substantial property, and could earn more income. Hank settled on a lower child support number and would not agree to pay in the range requested by Wendy. After the exchange of documents and several discussions between collaborative attorneys, the discussion was at an impasse. Hank and Wendy each found new litigation attorneys, and the fight was on.
As Hank told me, the court battle for child support modification began in April, 2006, and didn’t end until February, 2007. His attorney and court costs were about $40,000.00. The new amount of child support ordered by the court was higher than the range that Wendy had requested. Worst of all, Hank had suffered through six court appearances and still was not finished. The court was hesitant to lower Hank’s payment of monthly spousal support to Wendy, which Hank was requesting, and the court had not yet made an order regarding Hank’s payment of Wendy’s attorney fees.
I ran a few calculations in my head and realized that Hank’s decision to go to court had cost him over well over $50,000.00 so far. Hank ended our phone call by telling me that the final appearance in this litigation battle would be in front of a private judge who they would also pay in addition to their attorneys..