Q: ARE MEN PAYING SUPPORT AT THE MERCY OF FAMILY COURT & EX'S
Hi i am between a serious rock and a hard place. My divorce was final in July 2014. The QDRO was done accordingly to what we agreed to in the JOD. My ex is now on lawyer # 3, which is actually lawyer #5 since separation. Now she wants QDRO redone bc survivors benefits were not assigned to her. Her newest lawyer claims she should have signed it, not her lawyer at the time. So she is now claiming she did not agree to it. MY PROBLEM is I cannot defend my self in court. I cannot afford a QDRO , which i was told if that was ordered by judge then in order to change anything the divorce has to be amended. I cant retain a lawyer i barely get by after paying her child support and alimony. Ive been told i do not qualify for any legal aid bc of my salary. I do not bring home that salary!!! After she gets paid, mandatory state pension contribution, healthcare & employment taxes ect I am FORCED TO work overtime in order to survive bc they based my salary on OT that i cannot do anymore.
A:
Thank you for your question.
I understand your concerns as it relates to your ex-spouse’s persistent litigation. The terms of the QDRO will be based on what was set forth in the divorce agreement. If she believes that the QDRO was done improperly and she signed same, she will need to address that issue by filing a motion in Court. If the QDRO was signed, the burden falls on her to demonstrate why it is not enforceable. If she files a motion and is unsuccessful, you may be awarded counsel fees in the event you hire an attorney. Based on the Court’s ruling you may have to file responsive papers to address her emergent request. It would be best to contact an experienced family law attorney to address your specific concerns.
I hope this information was helpful to you.
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