Legal Question in Family Law in California
Retirement omission on Judgement
My husband's divorce judgement from his previous wife was entered Dec. 1998. Both my husband's attorney and opposing counsel failed to understand that his Stock Savings Plus Plan from his work was not his only retirement. Only the devision of the SSPP is addressed in the judgement. His work needs a court order regarding his retirement pension plan. My husband's attorney is no longer retained by us. My question is, Who is responsible to obtain this new court order, and how is it obtained? My husband was the Respondent in the case.
1 Answer from Attorneys
Re: Retirement omission on Judgement
If there was an omitted asset, unless the judgment clearly
provides differently, the court has continuing jurisdiction to award
it. Neither party is "responsible" more than the other. If it is
important to your husband, he should take the steps to have the situation
clarified.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910