QUESTION

Can I take the marital settlement agreement to a family court attorney and try to get current help, even if I cannot get retroactive help?

Asked on Jun 11th, 2014 on Divorce - Florida
More details to this question:
At the time of my divorce, in 7/2004, we had a marital settlement agreement signed by my ex-husband, myself and a judge. It specified all the details of the divorce, for example, that he should pay for half of my daughter's college expenses, and that I was to get 30% of his PERS which he is now receiving and will receive monthly for the rest of his life. A couple years after the divorce, I got injured at work and was put into a coma. I have had brain damage, blindness, immune deficiency, etc. since and didn't think to follow through on the agreement. We are now living in poverty because I can no longer work as at all, I am 100% disabled. It states in the contract that if it is breeched, the party that breeches it is responsible for attorney costs. Will I have to pay anything up front to an attorney, because I have nothing to my name?
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5 ANSWERS

Divorce Attorney serving New Orleans, LA at Zitzmann Law, LLC
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Well, to answer your first question about paying upfront, it is likely an attorney would take such a case without requiring any amount up front, but it is not guaranteed. But, yes, if he has breached the consent judgment, you do have an action to enforce it.
Answered on Jun 13th, 2014 at 3:59 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Yes an attorney will want to get an advance fee retainer. You can call the bar association to try to get some free help. You can also go to court on your own by making a motion to compel payment. However, if the decree says you get 30% of the PERS, are you sure they have your address so they can send it to you. Was the QDRO ever done to make payment possible?
Answered on Jun 12th, 2014 at 4:29 PM

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Bankruptcy & Debt Attorney serving St. Augustine, FL at St. Johns Law Group
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Just because you've delayed enforcing the Marital Settlement Agreement does not mean that you still can't do it. Most attorney's will require you to pay them up front even if there is a provision in the agreement that says the losing party has to pay the attorney, but you should check if there is a legal aid in your area which would provide services for free.
Answered on Jun 12th, 2014 at 9:16 AM

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To start with you final question, it depends on the attorney. Some attorneys will allow you to wait to pay for their services until after you have collected on a judgment, other require an upfront payment. What I would recommend to you would be contacting some form of legal aid in your area, as these attorneys often are able to help lower income, and or disabled persons free of charge. As to the Settlement Agreement, you can certainly still have that enforced, though I would need to see the specific language in the agreement to know for sure. You may also be able to collect retroactive payments as well. You need to act quickly, however, because justice aids the vigilant, not those who sleep on their rights. Obviously, you have very good reasons for your delay, and a court would likely take that into consideration. In law there is something called the statute of limitations, which is basically an amount of time that is set by statute during which you must bring your claim. For enforcement of court judgments, the limitations period is 6-10 years. As the 10 year end is approaching, you should act quickly.
Answered on Jun 12th, 2014 at 8:05 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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You need to see an attorney ASAP! Any up front costs depend on the attorney. Florida has a doctrine called laches, means if you fail timely to assert a right the right is waived. You are probably safe due to your coma but do not wait. You might want to speak to your prior attorney as to why an Order was not submitted as to the retirement plan when the divorce was granted. There is no requirement to wait before sending the Order. Also you should have applied for social security disability benefits.
Answered on Jun 12th, 2014 at 7:54 AM

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