I am in the process of getting divorced. My soon-to-be ex and I mediated almost 7 months ago and came to an agreement. I didn’t feel that it was a great deal for me and my attorney even said ‘it’s an OK deal’. But I did agree to it to keep from going to court which is stressful and expensive (my STBX makes almost 10 times what I do). The agreement stated that my STBX and I thought we could divide the personal items ourselves. I wasn’t sure how that would work out even then. But I agreed. Long story short I took what I felt I needed to take care of the yard and house, mostly small yard tools and our generator. I left approximately half the yard tools for him. He had a hissy fit. He took me to arbitration over a generator and a 3# mattock. The arbitrator made a ruling which was vague at best. I interpreted the ruling and sent it to my attorney who sent it to the other attorney. The only thing I got back was that they are not in agreement but they won’t say what they think the ruling is supposed to be. I have emailed my attorney numerous times and have not received a response. I don’t know what to do. My soon-to-be ex still HAS NOT paid his QDRO as specified in the mediation that took place almost 7 months ago and my attorney won’t do ANYTHING! Do you have any advice??
Decisions made by an arbitrator in arbitration are binding, whether one party likes the decision or not. You or your attorney should ask for clarification from the arbitrator as to what his or her intended ruling is if it is too vague.
If you have a separation agreement between you and your husband and he is required to pay for the expenses associated with the QDRO, then he would be in breach of contract and you could sue him for breach of contract and specific performance (to make him comply with the separation agreement). However, typically the party receiving the benefit via a QDRO is the party that is responsible for paying for the expenses associated with the QDRO.
In general, if you have a separation agreement between you and your husband, anything your husband is required to do per the terms of the separation agreement that he has not, you would be able to sue him for breach of contract.
Check out our article Breach and Enforcement of Separation Agreements in North Carolina for more detailed information.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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