Legal Question in Family Law in New Jersey
divorce settlement withheld
During mediation my ex agreed to pay a settlement from his 401k as I was entitled to the money. We've been divorced for 6 months and I still don't have the money although he has received all the items we agreed to divide. My attorney has been charging me everytime I call asking about my settlement funds and will only pursue the matter if I pay her. Isn't my ex obligated by law to abide by the divorce settlement agreement? Am I entitled to the interest acrued on the funds? Can I recover money I've paid in the effort to have the agreement enforced? I think my attorney should have followed through as part of the fees she was paid for the divorce representation and may have been negligent for not putting a time limit on the settlement payment.
Any opinions?
2 Answers from Attorneys
Re: divorce settlement withheld
My answer is yes to everything except that last part, I don't think your attorney was negligent. You need to file a motion to enforce the agreement. You could do it without an attorney, but I don't suggest it. How much does your attorney want? It'll probably be cheaper to stay with her, but its just my guess since I don't know how much she is charging you.
Re: divorce settlement withheld
A law office, like any business, runs on money. The money you have already paid went largely to pay the expenses of the office and as compensation for that work. You are asking for more work for no more money. Your attorney can seek attorneys fees from your former spouse so that you can recoup
the additional fees he is causing you to incur.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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