Legal Question in International Law in California

I know that I should share part of my pension as a teacher in California, My wife has been marry with me 20 years and the pension will be given after 30 years. Then She get 1/3 of my pension.

The question that I have is that. In case that the pension is from a Mexican Public Institution (I worked in Mexico when I was married, crossed the border every day) can the American Court enforcement to pay 1/3 of of my pension if the case is the same that the above?

Thanks

Jose


Asked on 12/14/09, 6:21 pm

2 Answers from Attorneys

This is a very specific question of international law that I think any lawyer would have to research to give you a definite answer, which is not something you're likely to get on a free site. But let me give you some practical advice. 1. I am very certain that Mexican public institutions will not submit to U.S. state court jurisdiction, absent a treaty specifially for the limited purpose of this kind of family law issue. I'd have to research if such a treaty exists. I do not know of one. BUT 2. the U.S. court does not have to acquire jurisdiction over the pension in order to give your wife a share in it, or equivalent value. Among other remedies, the court can order you to pay your wife her share as you get each payment, and you would be subject to sanctions and even jail time for contempt of court if you ignored that order. They can also determine the present value of that future stream of income and include that in the property division or order you to pay it outright or over time. So the bottom line is that even if the U.S. courts can't get jurisdiction over the pension fund itself, they are not going to let you just keep the pension without some compensation to your wife to balance it out.

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Answered on 12/19/09, 10:40 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

This is a family law question. The foreign source of the pension income is irrelevant. If the Mexican source pension was acquired during marriage, it will be treated in California as quasi-community property. To assure equity upon dissolution of the marriage, the court will, if it lacks jurisdiction over the Mexican pension because the property is outside of California, it will pay an equitable amount out of other community property and possibly separate property in California.

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Answered on 12/19/09, 11:45 pm


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