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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31910
Experience:  JD, 16 years legal experience including family law
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I am a retired veteran. Former wife and I had a seperation

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I am a retired veteran. Former wife and I had a seperation agreement in place not to attach each othersa retirement.Upon subsequent ndivorce, Judge did not honor our agreement and awarded 255 OF PENSION.
wE HAVE NO CHILDREN IN NTHE MARRAGE.
sHE IS REMARRIED, AND STILL GETTING MY MONEY.
mY APPEAL RIGHTS WERE NOT HONORED.
cAN I SUE HER TO GET BACK MY MONEY, OR AT A MINIMUM STOP HER FROM GETTING MY PENSION.
SHE WAS DISHONORABLY DISCHARGED FROM THE ARMY, AND IS GETTING ILL GOTTON PENSION.PLEASE HELP
Submitted: 3 years ago via Cornell Legal Info Institute.
Category: Family Law
Expert:  Tina replied 3 years ago.

I will strive to provide you with legal information to assist you. However I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you, or entering into an attorney-client relationship through this open forum. Do you accept these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue. Thank you.

Customer: replied 3 years ago.
yes
Expert:  Tina replied 3 years ago.
Thank you.

Your ex is receiving 25% of your pension? How long were you married? How long ago did the court enter the order?
Customer: replied 3 years ago.

Judgement was Aug 14, 2002, we were married right at ten years during active duty, I retired in 1994

Our seperation agreement was in 1991.

Expert:  Tina replied 3 years ago.
I see.

You're not going to like my answer because it is not favorable to you I'm afraid. The court is not bound by the separate agreement you sign. It typically has an obligation to determine the fairness of the agreement. If it finds it unconscionable, it has the discretion under the law to alter the terms of the agreement, which apparently the court did.

The time to appeal lapses years ago and the judgment is final normally. If you have newly discovered evidence or significantly changed circumstances, you may file a motion to modify the order pursuant to state law.

Best regards,

Tina

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Tina, Lawyer
Category: Family Law
Satisfied Customers: 31910
Experience: JD, 16 years legal experience including family law
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