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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2430
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Can I get my portion of the Post Office retirement every

Customer Question

Can I get my portion of the Post Office retirement every month and get back pay from 2002 without going to a courtroom?
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 months ago.
I will be available at home from 9am to11:45am. I hope to speak with you then. Thank you, Linda
Expert:  Phillips Esq. replied 9 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

Could you explain a little more?

Kindly note that phone call is at additional cost.

Customer: replied 8 months ago.
Let me know what information you require.
No need for a phone call now.
Expert:  S. Kincaid replied 8 months ago.

Are you talking about a division of your ex's post office retirement in a divorce? Were you awarded it in the divorce? Was there a QDRO (pronounced Quadro)? In what state was the divorce?

Customer: replied 8 months ago.
He knew I am an agoraphobic and knew that I would be too fearful to appear in a courtroom. He decided that I should get $50 per week to raise our son. There was no alimony and the divorce was in the state of Indiana. I have been told that if you were married a certain amount of years, you automatically qualify to a part of his retirement. We were married for 14 yrs. He was married very briefly after our divorce maybe 3 years. He has used bullying as a way to control me, an agoraphobic. It has worked so far. Marriage 7/24/76 - 10/1990, much more than needed to qualify and others didn't have it in their divorce decree. Hearsay I acknowledge but he has complained about his buddy's wives getting benefits without that in the divorce decree in Indiana.
Expert:  S. Kincaid replied 8 months ago.

The first question you need to answer is whether the divorce decree says anything about property or a pension. Even if it doesn't say anything about a pension, it may have a provision saying that all property has alreanypme cam determine how to proceed, they will need this piece of information. Either way, there may be something you could do, but what you would do is different. However, the only ways to avoid appearing in court to address this are either: 1) Hire a lawyer to appear instead; or 2) see if the court will allow you to appear telephonically. Even if it's a court that does not normally permit telephonic appearances, you can ask for a disability accommodation based on your agoraphobia.

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