Legal Question in Family Law in California

My ex-husband and I were married for more than ten years, during the majority of the time he was enlisted in the military. In 1985, his tour ended while we were living in California. He refused to get a job and after about a year, we separated. About 10 months or so later, after being told I could still be liable for debts he was incurring in Texas, where he had moved, I filed for a divorce.

Because he wasn't working, the state of California did not give me any alimony, and because I was working and making a good salary, I was required to pay child support to him for the upkeep of our child. After 1990 he rejoined the military as an officer and was offered the option to begin his time till retirement or start over. He opted to keep his accrued time and has recently retired with an officer's pension.

I have never remarried and have financial problems due to health issues. I would like to know if I can sue him for part of his retirement - he had sworn to not rejoin the military so that his accrued time in service and any potential retirement funds would not be considered community property in our divorce.

I don't have a lot of funds to take him back to court - and don't know if I'd need to do so in California (where we lived for at least a year after his departure from the military) or in Texas where he is a resident and has retired.

Any advice would be greatly appreciated.


Asked on 8/05/10, 4:15 pm

2 Answers from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

It sounds like the divorce was filed and heard in California? If this is so, California still retains jurisdiction. You need to read your order to see if spousal support was waived. You may have a case for splitting up the asset that was not capable of being split at the time, but I don't know a good way to do that without an attorney.

Read more
Answered on 8/10/10, 4:51 pm
Anthony Roach Law Office of Anthony A. Roach

Resolution of your issue depends on where the divorce was filed. If it was filed in Texas, you need to repost to the Texas forum on Lawguru, for answers to your question. The judgment will determine whether the issue was decided against you, or reserved.

Read more
Answered on 8/11/10, 8:49 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California