Legal Question in Family Law in California

I have been divorced now for six years. My original order states that I will recieve 5000. of my ex's 401K at time of retirement or he cashes it in early. I did not have an attorney and look back on this and can't believe I signed it. He is getting interest off of my money. Is there any way I can go back and have that changed. I am sure that he now has the funds to pay me out right, and if not can I at least make changes so that I will earn interest?


Asked on 10/13/10, 9:07 pm

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

You can always request a change in a settlement based upon exceptionally changed circumstances. This applies far more to custody and support situations. Whilst you situation does not fit the usual case, it might be possible to succeed. So, you can request a change, but it would probably not be successful based upon the facts shown.

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Answered on 10/19/10, 8:12 am


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