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I filed for divorce in the state of Nevada and my divorce…

I filed for divorce...

I filed for divorce in the state of Nevada and my divorce has been finalized for over 11 years. I have been receiving 50% of my ex husband military pension plan. He is now stating i was only entitled to 25% and filing an incident to decree. Should I be worried?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Nevada

Lawyer's Assistant: Have you talked to a lawyer yet?

I consulted with one over the phone...and he stated to wait until he serves me But I don't think I want to wait that long

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing I can think of at this time.

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Customer reply replied 8 months ago
My ex stated per his attorney the decree is not according to NV law. I would ask the attorney that filed it to review it however she no longer does family law.
Answered in 13 minutes by:
10/11/2017
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 3,618
Experience: Partner at Kent Law Group, LLC
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Hello. My name is ***** ***** I’ll be happy to help you.
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Customer reply replied 8 months ago
Thank you,
What are your thoughts?

I'm assuming the terms that he is disputing are addressed in a marital settlement agreement you both signed?

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Customer reply replied 8 months ago
It was an uncontested divorce.

Okay, and the judge granted whatever is now being disputed by your ex. So what is his basis for arguing that it's not valid??

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And 11 years later no less...

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Customer reply replied 8 months ago
He is saying per his attorney the 50% pension written properly according to NV state law.
Customer reply replied 8 months ago
Is not written properly according to NV state law

Give me just a bit of time to get you an answer with a citation.

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Your ex husband's military pension plan is governed by federal law - not state law. Based on everything I've seen 50% is a typical division of retirement pay and it can actually be greater than 50%. See: https://willicklawgroup.com/wp-content/uploads/2012/04/Division-of-Military-Retirement-Benefits-in-Divorce.pdf pages 11 and 12.

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Customer reply replied 8 months ago
Make sense, thank you....hopefully it is just empty threats.

My pleasure. Happy to help. If you need anything in the future please reach out. If you could take a moment to check the box stating that I helped you, I would appreciate it - so I receive credit for working with you.

Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 3,618
Experience: Partner at Kent Law Group, LLC
Verified
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