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dkennedy
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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MY WIFE FILED FOR DIVORCE 6-7 YEARS AGO. EVERYTHING HAS BEEN

Customer Question

MY WIFE FILED FOR DIVORCE 6-7 YEARS AGO. EVERYTHING HAS BEEN FINALIZE. IN OUR DIVORCE I AGREED TO GIVE HER 60% OF MY RETIREMENT FUND. 20% WAS TO GO FOR MY BOYS EDUCATION. BOTH BOYS ARE NOW OF AGE AND LIVE ON THEIR OWN AND SHE IS RE-MARRIED. CAN I TAKE THIS BACK TO COURT AND CHANGE THINGS IN MY DIVORCE OR IS IT TOO LATE
Submitted: 8 years ago.
Category: Family Law
Expert:  dkennedy replied 8 years ago.

HelloCustomer

 

It's not too late, time-wise, but you would have to show a substantial change in circumstances of either you or your ex that could not have been contemplated at the time of the divorce. That might be where you would run into trouble. You could easily have figured out that your boys would grow up and go out on their own.

 

Your retirement fund was probably eligible to be divided with her anyway, due to the ERISA law, which dictates that retirement accounts are to be divided if the parties divorce. This is without regard to where or not your children are grown or not.

 

To sum up, I think you would have trouble getting the divorce modified due to circumstances. But, it is possible.

dkennedy and 7 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
I understand she is entitled to half,but is there something that can be added to assure the 20% goes to the boys. This has not happened so far.
Expert:  dkennedy replied 8 years ago.

Hello again,

 

If this is written up with the specifics, and signed by the judge, then if the 20% is not going to the sons as ordered, she could be held in contempt of court for willful disregard of a court order.

 

She can be looking at jail time. Make sure before you get into this, that the 20% specifically is mentioned to be paid to the boys.

 

Good luck.