Im on SSI &i was with lawyer who didn't want to fight his lawyer for my share of pension!I have 895 a month!He promised he would help me!Lied to me again!I want to appeal the whole divorce!
This post is impossible to understand and you need to find a way to take a deep breath and make a clear post and leave out all the exclamation points. Law and emotion are like oil and water.
You can’t get part of anybody’s SSI so it’s not at all clear what is going on here.
Social security is federally administered thus a California agreement over this would hold no power over the federal government. However, if you had been married for at least 10 years, you can elect to claim under his social security income.
Regarding the retirement plan, your attorney would have had to characterize the amount that was community and the part that separate to determine your portion.
A final Divorce Judgment can be set aside. But it's not always an easy task since there are time limits for doing so. For example, in California, setting aside a Divorce Judgment based on fraud or perjury must be brought within one (1) year after the date on which the complaining party either did discover, or should have discovered, the fraud or perjury. (See, Family Code Section 2122). There are other ways to set them aside too that we at South Coast Trial Lawyers have filed, including but not limited to: hiding assets, breach of duties, excusable neglect, etc. However, we can't help you without knowing more facts about how and why you didn't receive your share of community property.
No attorney-client relationship with South Coast Trial Lawyers is formed either expressly or implied. The information provided by Attorney Jonathan Kwan is for information purposes only and is not intended to be a substitute for legal advice.
There is a difference in SSI and pension assets. You will get your SSI regardless and you will get any social security retirement benefits regardless of the divorce. But if he had a pension, you need an order from the court to join pension to the divorce and then you will need to get a QDRO attorney to divide your CP share of the plan. Your husband should be ordered to pay for these costs. Dont' appeal this. You probably should talk to an attorney on this.
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