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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36969
Experience:  30 years in civil, probate, real estate, elder law
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My ex-wife is receiving a percentage of my federal

Customer Question

My ex-wife is receiving a percentage of my federal retirement as per the divorce agreement. We have been divorced for approx 25 years and she has been receiving about 1K monthly for about 10 years. She is 68 and retired also.
Is there any chance of getting this rescinded?
Your advice would be greatly appreciated.
Jerry Rosenthal
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

It is possible here, you would have to do a motion to modify and show why the court should modify this.If ti was unfairly calculated or a change in circumstances the court might agree to modify.You would need a local lawyer where the divorce was granted to seek modification.I have seen it done on several special occasions where there was a change in circumstances on your part or there was an error made in the calculation.Honestly the odds here are long but it is possible.

Usually this is part of the property division, share based on the amount earned during the 25 years of marriage.I am guessing this amounts to close to half, you probably get something like half as well or a little more.Unless you can show good cause here to modify the orders the court will not change it.It would be worth your while here to get the orders here and go talk to a local family law lawyer to see if you fit the good cause kinds of things that would help you prevail.It happens--modification but it is rare and those granted are based on an obvious error or say a radical change in circumstances.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Jerry if you could show she has higher income say from inheritance--she doesn't need the money again that might be good cause if you can show you are in dire need of it more than her, in other words good cause.If I had to give you odds here it might be something like 1 in 5 or six at least.It is rare but possible with a lawyer to try here.

Thanks again I appreciate the chance to help you today.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating when we are done it is always sincerely ***** *****

Customer: replied 1 year ago.
Thanks for the response Ray.
I read your assessment and it looks like the chances of getting my exes payment reduced is, I think you said 1 in 6, which under the circumstances are slim to none. My wife thought my chances were nil but I felt compelled to try.
Please correct me if I’m wrong.
Respectfully,
Jerry
Expert:  Ray replied 1 year ago.

Jerry those are about the correct odds.Rare but it does happen occasionally.Judge has a lot of discretion here.

Thanks for the follow up.

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