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,

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1 Lawyer Answer
Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
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.

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