Legal Question in Family Law in Massachusetts
Judgment, Asset Split and Lawyer's Fees
I recently received a judgment on my divorce case stating certain assets to be split, including bank accounts currently held under JRWO and pension benefits citing QDOR calculations.
I currently have no money to pay my attorney and he is refusing to answer any questions.
Is my attorney allowed to place a lien on the marital assets that will eventually be split? That is, does he have any right to receiving my assets without my consent?
Also, when am I supposed to expect to see the QDOR calculations performed and the accounts belonging to me transferred?
I am concerned because my attorney recently charged me for 4 hours or review reviewing an 8 page judgment. I find this ludicrous and feel that once he saw the assets coming my way is trying to rack up the bill.
I have full legal and physical custody of my two minor children and the assets granted to me by the judge barely cover the lawyer's fees. I do not want this man representing me further but I fear he may take my assets before they come to me.
As a side note, my ex's attorney and my attorney are close friends.
Please advice if you are able
1 Answer from Attorneys
Re: Judgment, Asset Split and Lawyer's Fees
I believe you are referring to a QDRO. The cost of the QDRO usually runs about $400 and the parties generally split this cost for preparation. See the separation agreement/divorce judgment for more info. Generally once the parties pay to have the QDRO prepared, an atty must present it to the court. The average time for this is 1-3 months. The atty cannot place a lien without your knowledge but can file a lawsuit to get paid. A court would determine if his fees are reasonable.