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#17576 - 06/22/05 12:03 PM Can ex go back now and get pension?
AMC73 Offline
recently joined

Registered: 06/06/05
Posts: 9
Hello All,

I have posted on the child support boards before and have a pension related question. I found a post on a different message board by my husband's ex's new spouse. My husband was divorced in 1995 after an almost 10 year marriage. Divorce was filed in 4/05, but state law said if you had children you had to wait 90 days for the divorce to be finalized. The divorce was legal about 2 weeks before their 10 year anniversary. There is a property division, she took certain things from the house. There is no mention of his pension, ex's new spouse is claiming my husband "tricked her" into signing the paperwork 2 weeks before the 10 year anniversary. My husband is and has always been the CP and ex was ordered to pay $93 a month in child support and never has. My husband allowed all this time go by and was hoping ex would eventually do the right thing, by contributing monetarily and by taking their son for the summers. Let's just say in 10 years she has taken her son a total of 2 full summers, 1/2 a summer and last year 3 weeks. Their son is mentally handicapped and my husband and I value the breaks, but we never know if or when they will come. My husband has had enough and did go to he Domestic relations office and is taking ex to court for arrears and current support.

My question regarding his pension. My husband retired 2 years ago from the military. We have been married for 9 years, can his ex go back to court and petition the court now for 1/2 of his pension because they were married for almost 10 years? The post I found suggested these types of things, although it is just a total tactic to get back at us. Any advice would be appreciated.


#17577 - 06/22/05 11:24 PM Re: Can ex go back now and get pension? [Re: AMC73]
Bjay Offline

Registered: 06/04/05
Posts: 130
I answered on the Military Board. If she should be able to open the property settlement and that is a possibility, she would not get 50% under the normal division of retirement. The facts that he has custody of his son, she does not pay support, she doesn't take visitation and she is a rat really has nothing to do with anything. All assets are suppost to be declared at the time of divorce. Read his divorce decree on more time very caredfully. Research the laws of the state where they were divorced. Read the post on the military board.


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