Legal Question in Family Law in Pennsylvania

Enforcing an Order of Equitable Distribution

Order was recorded 8/13/99. 401K rollover % to me & QDRO was to be immediate (as per Order). Ex-husband, a lawyer, has ignored & done nothing, it is almost a year. I don't have resourses to pay (again) to have Order enforced. This is Montgomery County, PA. I've been told I need my lawyer to move this along & I won't get reimbersed for my legal expenses. How can I force complience without spending $? Background: he held divorce up 4 years (spite/control), he has deep pockets, I nothing. No children, I asked 0 allimony, only normal % split marital assets. He has willfully ignored the Order (more spite/control) because he knows $ is a real issue for me while his income is over $ 300,000. The Divorce cost me over $ 30,000. for me a very large $ paid from my distribution. I refuse to be penalized by time, $, & aggravation in getting the court to enforce its own Order.


Asked on 7/20/00, 9:02 am

2 Answers from Attorneys
Patrick Henigan Eckell Sparks

Re: Enforcing an Order of Equitable Distribution

Force your lawyer to file a motion for contempt and enforcement. The Bench in Montco has generally had no problem in awarding counsel fees for motions against a non complying party. Your attorney has made his/her money, now it is time for the attorney to file the motion.

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Answered on 9/11/00, 10:38 pm
Murray Eckell Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane

Re: Enforcing an Order of Equitable Distribution

Sorry to tell you but going to court is your only recourse. For further discussion, you do need to consult with an attorney. There is no way around it.

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Answered on 9/12/00, 1:23 pm


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