EX HUSBAND AGREED TO WAIVE ALL RIGHTS TO MY INDUSTRIAL DISABILITY RETIREMENT WITH CALPERS, HOWEVER IT WAS NEVER DOCUMENTED, DIVORCE DECREE STATES NO COMMUNITY PROPERTY. CAN I PETITION TO MODIFY? CAN ANYTHING BE DONE TO RIGHT THIS WRONG? ITS BEEN 8 YRS
THANKS IN ADVANCE TO EACH AND EVERYONE FOR YOUR RESPONSES
I had omitted ass it can be divided by the court at any time. It’s not a petition to modify that you would want, it’s a petition to divide an omitted asset.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
Ms Straus must be using her voice to answer questions again.It is omitted assets.The easiest thing would be to get ex to sign a Stipulation that you are awarded 100% based off his previous verbal agreement .If he has changed his mind then you will need to file an RFO to deal with the ommitted asset
Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.
If the judgment says there is no community property then arguably that is a determination that your husband has no community interest in the disability award, which may well be the case since there are court opinions that say a disability award is only community to the extent it is payment for periods during marriage. That means he has the obligation to request the court to modify the judgment if he thinks there is a community interest. However, I would pay an attorney for some time to make sure that your disability award fits within those cases.
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