Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I was divorced in Minnesota in 2009. I just became aware…

Customer Question
I was divorced in...

I was divorced in Minnesota in 2009. I just became aware that I am entitled to a portion of his Railroad pension but was not made aware of it until now. Will a Minnesota court reopen the divorce due to this mistake?

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

Minnesota

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

Yes & she is trying to talk me out of going to court on the grounds that the court maynot reopen & I have to make a decision if we are going to court Monday!

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

It is so messed up I don't know what to say

Submitted: 7 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
11/29/2017
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,469
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Family Law Question
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. Generally, the answer to your question is yes. If you petition the court to open up the case again to request additional access to the pension, then the court will open it back up and determine whether you are entitled to this pension money as you claim, and if you are, they will grant you the money. They will likely enter in a qualified domestic relations order, which orders the railroad pension to direct some of those funds to you or they will order that if he starts drawing from the pension, a certain amount goes to you either in a lump sum or a full amount. What other questions did you have for me today?

Ask Your Own Family Law Question
Customer reply replied 7 months ago
His lawyer is implying it will only be reopened due to fraud, not due to the fact that I was made aware. Is this correct
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

That's not necessarily true. If this was property that was obtained during the course of the marriage, then it is something that you could petition the court to look into. Fraud is something that the court would consider; however, if there is property that was left undistributed, then you can still request that you get a portion of it. Plus, if your husband was aware of the pension, but didn't say anything, that's fraud anyway.

Did you have any other questions fo rme?

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11,971
11,971 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I was awarded a 27% share of my ex-husbands military
I was awarded a 27% share of my ex-husbands military retirement benefits (30years ago), but the court never addressed the Survivor Benefit Plan, and my husband remarried shortly before he retired. We … read more
fiftyshadesoflaw
fiftyshadesoflaw
Juris Doctor
110 satisfied customers
During my divorce my ex husband didn't reveal he had a
During my divorce my ex husband didn't reveal he had a pension plan that started 2 months before our divorce was final. That was 7 years ago. Can I go back to claim that portion of his pension?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I have a question about getting a percentage from my ex's
I have a question about getting a percentage from my ex's pension. Do I have to go back to court to file a motion to reopen the divorce decree? Or, do I just fill out the QDRO papers? I divorced in 19… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I was divorced in 1992,married 12-13 years ,divorce settlement
I was divorced in 1992,married 12-13 years ,divorce settlement at the time is when my ex husband pension is due ,I can get half of his pension,He can retire now but don"t know his plans,I want to get … read more
Loren
Loren
578 satisfied customers
My husband & I reside in California s ex-wife and s 2 adult
Hi, My husband & I reside in California his ex-wife and his 2 adult children were in Chicago for 10 years. They recently moved back to California so she can go for his pension, him and his ex-wife wer… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My Divorce was final in 2009, I was 'Duped" out of my Wife's
My Divorce was final in 2009, I was 'Duped" out of my Wife's pension which I NEVER agreed to by a Legal aid person, working for my ex-wife. I was very Ill at the time under a Doctor's care. Any chance… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Is it possible to divorce in NJ and not do a Settlement
Is it possible to divorce in NJ and not do a Settlement agreement? This was done in the 80's or 90's and I don't know if they did a settlement agreement.… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
My former spouse was granted a judgement of divorce against
My former spouse was granted a judgement of divorce against me in 1998 .only child-support order was currently being paid too me for our 3- minor children.i missed one court date due to my child illne… read more
Marcy
Marcy
Attorney At Law
Doctor of Law w/ highest honors
165 satisfied customers
Was married for 27 years, not legally separated for 11 years
Was married for 27 years, not legally separated for 11 years now. Want to know if i can share in my husbands pension. Do i need to get divorced. My money will only last me approximately 2 more years. … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
i am retired navy chief . was divorced in 1986. md said we
i am retired navy chief . was divorced in 1986. md said we divided all property including my retirement. then in 2012 i was awarded 100% VA , i also applied for CRCS and got it. my ex is now trying to… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
I am scheduled to retire on December 1st, 2015 and I just found
I am scheduled to retire on December 1st, 2015 and I just found out that my ex-wife's attorney issued a QDRO against my pension plan. I did not agree to this in my divorce decree, nor do I know what t… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
1. Are Judgements from Puerto Rico up held in the United States? 2.
1. Are Judgements from Puerto Rico up held in the United States? 2. If I am a resident of Puerto Rico , but formerly from the United States, would I be able to use Puerto Rico courts to reopen a old d… read more
LegalGems
LegalGems
Juris Doctorate
12,599 satisfied customers
if a teamster manipulated spouse right before divorce to sign
if a teamster manipulated spouse right before divorce to sign off pension just months before his retirement by grooming wife for months, then driving her to teamster office, walking her to room, sat n… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
Would I get vacated a default divorce if I file a petition
Would I get vacated a default divorce if I file a petition for a bill of review in texas if my grounds for the bill of review is not served with citation required by law and being hospitalized in a me… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
In July of 1992 in consideration for my waiver of marital in
In July of 1992 in consideration for my waiver of marital interest in 25 years Teamster's Pension my spouse agreed to set up a tax saver annuity with a current value of $400 and expected payout after … read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
67 satisfied customers
In the state of PA, can a spouse re-open an agreement on a
In the state of PA, can a spouse re-open an agreement on a divorce decree of equitable distribution due to recent medical situation?… read more
Maverick
Maverick
Doctoral Degree
6,143 satisfied customers
After 15 years of divorce can I go back to court to try and
After 15 years of divorce can I go back to court to try and get a reversal on the decision of splitting my military pay 50/50. I did not have proper representation - was serving outside my state - and… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
I have been divorced for 8 years, my ex-wife contacted me
I have been divorced for 8 years, my ex-wife contacted me and said that she was going to go back to court to try get 1/2 my 401k and pension. I am getting ready to retired from the military. in the di… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x