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


Asked on 11/29/06, 4:08 pm

1 Answer from Attorneys
Nicole Reeves Lavallee Reeves Lavallee, P.C.

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.

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Answered on 11/29/06, 4:29 pm


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