Legal Question in Family Law in California

Re: Retirement benefits

Dear Inquirer:

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http://home.pacbell.net/edbjr/ OR

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NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however: If you knew or should have known about your ex's retirement plan at the time your judgment of dissolution was entered, it MAY be too late. If you did not know about it, then the judgment MAY provide for future division of undisclosed or after-discovered assets. If the judgment does not so provide, and it hasn't been too long since the judgment became final, you may be able to set aside the judgment. This is NOT a "do-it-yourself project." If the retirement fund is not worth much, forget about it. Otherwise hire an attorney to help you. As far as jurisdiction is concerned, California probably still has jurisdiction; however, you can have the California court transfer jurisdiction to Florida or Washington since both of you have left California.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Retirement benefits

If your dissolution judgment did not contain any mention of the retirement benefits, you can bring a motion to divide an omitted asset, whether or not you knew about the retirement plan. You should move quickly to join the plan, or the asseets may be distributed or transferred. There may be different rules if the retirement is a military retirement. FAX me a copy of the judgment at (619)589-8577, along with a number where I can call you and I will review the judgment and let you know your options. Good Luck, Pat McCrary