QUESTION
Would my ex-wife be entitled to a percentage of my retirement? What legal recorse do I have for over payment of child support?
Asked on Jun 02nd, 2014 on Family Law - California
More details to this question:
I was previously married for approximately five years and am aware that my marriage is considered a short term marriage. My divorce was finalized in 1996. Neither my former attorney or my ex-wife's attorney discussed my retirement. Now that I am about to retire, is my ex-wife entitled to a portion of my retirement since the desovlement of my marriege has been over 18 years?Secondly, can I sew my exwife for over payment of child support for four years?
1 ANSWER
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When divorced, you would have received a judgment from the court or had an agreement (in writing) with your ex. If your judgment or agreement stated that she is to receive a portion of it, then normally she would need a QDRO (qualified domestic relations order) and possibly a Joinder in order to get her portion.
Regarding your child support, did you pay her directly or did you pay Child Support Services? It is your responsibility to change the child support order if you have lost a job or had a reduction in income. This type of matter can be very complex. It is best that you speak with an attorney to determine what your chances are of getting the amount in question back.
Answered on Jun 02nd, 2014 at 4:36 PM