Colorado Springs, CO asked in Divorce and Family Law for Colorado

Q: My divorce was final 6 years ago. The judge awarded me 40% of ex-husbands pension in exchange he got the family home and

My divorce was final 6 years ago. The judge awarded me 40% of ex-husbands pension in exchange he got the family home and all equity in it approximately $400k. I had to wait until he became old enough to obtain early retirement before I could claim on the pension. That's why I had to wait the 6 years. Now that the time has come, the Plan Administrator is only allowing me $171 / month and I can't live on that. It isn't fair nor equitable. What is the legal recourse to have the judge re-visit the settlement agreement or enforce the ruling to make the "Plan" pay in a lump sum, which was what was suppose to happen in the 1st place . I am on the verge of being homeless and need help as soon as possible.

Thank you,

Related Topics:
1 Lawyer Answer
Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Colorado Springs, CO
  • Licensed in Colorado

A: You can only enforce what the court order says. It can not be changed after the fact. However, if something is happening that conflicts with the agreement, you can enforce it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.