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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31789
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was divorced apprx. 4 years ago. We went to the court house,

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I was divorced apprx. 4 years ago. We went to the court house, filed papers ourselves and it was final in 90 days. I was afraid to rock the boat and be confrontational at that time so all I got from him was the house with the payment and $650 a month in child support. Even though I was basically a stay at home mom for most of our marriage, I never asked for any other financial help, none of his retirement and I had forgotten about the $300,000 thrift account he had thru work. I work now at a full time job but even with the child support I barely can pay the bills and we live at basically a poverty level. My question is can I go back and get part of the thrift account and/or his retirement? We were married for 14 years.

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.

Kirk Adams :

It is possible, but generally it is very difficult to reopen a divorce case. In order to have a chance, you must be able to prove fraud, misconduct, or mistaken negotiations, or by show a fundamental inequity or unfairness in the divorce agreement.

Kirk Adams :

It is not enough to claim a mistake or allege that the divorce agreement was unfair. There must be hard proof that the divorce agreement was based on fraud, deceit or a major mistake.

Kirk Adams :

It is possible that you could claim that the divorce settlement was inequitable and unfair due to this major asset not being divided. However, he is going to claim that you knew about the account and that you waived your right to claim any part of the account since you didn't ask for it initially.

Kirk Adams :

Also, there's a statute of limitations issue (most statutes of limitation on issues like this are 2 years in Pennsylvania) and the rule that says a judgment is final after 1 year that you'll have to deal with.

Kirk Adams :

Thus, it is not an easy task to pursue this, but it is possible. If you raise the issue with the court, your ex may be willing to settle on some amount to simply avoid protracted litigation.

Kirk Adams :

If you're interested in pursuing this, you should consider speaking with a local attorney about the best way to approach your ex and the court.

Customer:

Thank you

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