My divorce is final two years ago, I wave my right to my Ex-husband retirement military pay, how can I open the case?

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1. Licensed in CA

   

   Tobie WaxmanPro

   Los Angeles Family Law Attorney

   Contributor Level 15

   

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   Answered July 17, 2012 21:22. You should have an attorney carefully review your judgment and the language in the judgment regarding your waiver of those benefits. If you knowingly waived those benefits, then you probably cannot re open the case. However, it depends on how the judgment was written. Without more information it is difficult to give you a definitive response.

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2. Licensed in CA

   

   Donald Conviser

   Woodland Hills Family Law Attorney

   Contributor Level 18

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   Answered July 18, 2012 08:53. If the divorce case was in California, and you waived your community rights to your husband's military retirement pay two years ago, you likely can't reopen the case - unless you qualify for a set-aside under Family Code Section 2120 and its following sections. You should immediately consult with an experienced Family Law Attorney regarding this matter, because Section 2122 sets forth statutes of limitation on set-asides, depending on the basis of the particular set-aside sought.

   Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... morePlease note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. less

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   George Richardson

   Palo Alto Family Law Attorney

   Contributor Level 13

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   Answered July 18, 2012 00:32. You need to talk with an experienced family law attorney to review your judgment and the circumstances around your earlier decision. You can consult with a lawyer about your question for little or no cost through a lawyer referral service in your area. You can find your nearest lawyer referral service by clicking on the link below.

   If you found this response helpful, please let me know by clicking the "Mark as Helpful" button at the bottom of... moreIf you found this response helpful, please let me know by clicking the "Mark as Helpful" button at the bottom of this response. Thank you. Mr. Richardson practices in San Mateo and Santa Clara Counties, and concentrates in non-adversarial dispute resolution as a mediator and collaborative lawyer. The California State Bar Board of Legal Specialization certifies Mr. Richardson as a specialist in California Family Law. He offers no comments or advice with respect to the laws of any state or jurisdiction other than California. The above answer is a general explanation of legal rights and procedures. Mr. Richardson is not your lawyer unless and until you and he have personally met together. This post does not constitute legal advice, and no lawyer client relationship results. less

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4. Licensed in CA

   

   Edna Straus

   San Juan Capistrano Family Law Attorney

   Contributor Level 15

   Answered July 19, 2012 11:24. You say you "waived" your rights but it seems more likely you took an offset for them in the division of community property. Certainly if you had an attorney they would have explained the inadvisability of simply foregoing a valuable asset. Also the 2 year delay may be a laches issue. I have to wonder what changed.
   
   If you are receiving "alimony" based on his retirement pay then you are getting your "fair share". Litigation will costs many thousands of dollars-- and possibly cost you your "alimony." This is more then likely not advisable.

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