What can I do if my ex refuses to meet terms of our settlement? 1 Answers as of May 09, 2011

Our MSA was signed on 12/20/10 and judgment entered on 4/4/11. My ex husband refuses to cooperate in complying with the terms of our MSA after numerous requests on my part. We have transactions to complete, including transfer of travel points and retirement funds via execution of a proper QDRO to allow our respective retirement reps to conduct the transaction. He and I are both pro per, he is an attorney (partner in a prestigious law firm), and I am not. By way of background, he has coerced me into agreeing to the terms of the MSA through threats, stonewalling, and other mental and emotional threats. He ended up with most all of our assets and money. That said, I did finally agree to MSA terms to move on from this horrible situation only to have him now refuse to meet his obligations under the agreement. We have two final transactions to complete as noted above and I do not know exactly what to do to compel his cooperation. Any advice or assistance you can provide is very much appreciated.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Under those circumstances, I would recommend that you consult withand retain an experienced Family Law Attorney, without delay, to consider filing a Motion to Set Aside the Judgment or parts of the Judgment pursuant to Family Code Section 2120 et seq., as a possible alternative to enforcement of an unfair, possibly coerced judgment.A Motion seeking an Order of the Court to allow the QDROs to be ordered absent your ex-husband's signature, or to have the court clerk sign them on his behalf, may be an appropriate means to get the QDROs ordered.

You may be entitled to Family Code Section 271 sanctions as a result of your husband's failure to comply with the terms of the judgment, especially his failure to sign the QDROs, but note that a Motion to enforce the judgment and seeking to set aside the judgment (or parts of the judgment)may be seeking inconsistent remedies, so your Motion should be carefully planned. You would be outgunned by your attorney ex-husband if you don't retain an attorney to represent you. You would likely qualify for an award of Attorney's fees, assuming that your ex-husband earns more than you earn.
Answer Applies to: California
Replied: 5/9/2011
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