CourtListener opinion 4428634

Evidence quotes

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NOT FOR PUBLICATION WITHOUT THE
 APPROVAL OF THE APPELLATE DIVISION

 SUPERIOR COURT OF NEW JERSEY
 APPELLATE DIVISION
 DOCKET NO. A-2969-16T4
JOANNA B. ORLOWSKI,

 Plaintiff-Respondent/
 Cross-Appellant,
 APPROVED FOR PUBLICATION
v. May 7, 2019

ROBERT ORLOWSKI, APPELLATE DIVISION

 Defendant-Appellant/
 Cross-Respondent.
___________________________

 Argued April 2, 2019 – Decided May 7, 2019

 Before Judges Fisher, Hoffman and Geiger.

 On appeal from Superior Court of New Jersey,
 Chancery Division, Family Part, Bergen County,
 Docket No. FM-02-1778-14.

 Robert Orlowski, appellant/cross-respondent, argued
 the cause pro se (Cores & Associates, LLC, attorney;
 Amy S.Cores, on the briefs).

 Stephen H. Roth argued the cause for respondent/cross-
 appellant.

 The opinion of the court was delivered by

GEIGER, J.A.D.
 In this post-judgment matrimonial appeal, we consider whether a court

may compel reimbursement of college tuition, forensic accountant's fees, and

counsel fees, through an enhanced wage garnishment and a Qualified Domestic

Relations Order (QDRO) against the obligor's individual annuity account funds

on deposit in an annuity governed by the Employee Retirement Income Security

Act of 1974 (ERISA), 29 U.S.C. §§ 1001 to 1461. We hold that unpaid awards

for counsel fees and expert witness fees relating to child support, property

distribution, and college tuition reimbursement are enforceable by QDRO from

ERISA protected pension funds when an ex-spouse is the alternative payee of

the QDRO. We further hold the counsel fee judgments relating to child and

spousal support are enforceable through an enhanced wage garnishment.

 I.

 The complex procedural history underlying this appeal necessitates a brief

review of the proceedings that led to the arrearages owed to plaintiff Joanna B.

Orlowski, her enforcement efforts, and defendant Robert Orlowski's bad faith,

unclean hands, frivolous litigation in both state and federal court, and willful,

sustained failure to comply with court orders.

 Before we discuss the pertinent facts and procedural history, we note

defendant appealed numerous orders and directed our attention to several

 A-2969-16T4
 2
 alleged trial court errors. Defendant's appeal, however, was dismissed for

failure to timely file a brief, so we do not consider those issues. Accordingly,

our review of the facts and procedural history is limited to those relevant to

plaintiff's cross-appeal.

 Defendant is a member of the International Union of Operating Engineers

Local 14-14B (the Union). The Union administers a pension fund known as the

Annuity Fund of the International Union of Operating Engineers Local 14 -14B

(the Annuity). Defendant has substantial ERISA protected funds in his

individual annuity account (the annuity funds) with the Annuity.

 The parties were married in May 1993 and had two sons. Plaintiff's 2014

divorce action was finalized in 2016. The amended final judgment of divorce

(amended judgment) required defendant to pay his child support obligations by

wage garnishment.

 The amended judgment incorporated the parties' \partial\" property