Legal Question in Family Law in New Mexico
Divorce
I am divorced. My wife draws half of my PERA retirement. I did receive half of her 401k. She is re-married. I would be willing to give back all of her 401k, which is about $10,000 dollars, but I want my whole reitrement check back. I am not remarried. She and her husband both draw salaries, plus about $900 of my retirement. I have to work full time, plus only receive half of my retirement check. I want it all back.
1 Answer from Attorneys
Re: Divorce
You need a skilled and knowledgable negotiator in your corner for this one. Lawyers have the kind of skill and knowledge you are looking for.
Because this forum does not allow you to fully tell the background of your legal issue you cannot get a clear and concise answer here. There are too many factual questions that lawyer will want to ask. But, you would be able to go and visit an attorney and get a pretty fair answer and idea of what is possible in your first visit.
From what little information you provided, I do not believe a judge can "undo" what you and your ex-wife did in dividing the retirements the way you did. However, without knowing more I cannot say that for certain. But, just because a judge cannot undo the order that does not mean you cannot accomplish what you want. It does mean you will have to go about trying to get what you want in a differnt way. You may be able to reach an agreement with her. This is the kind of an agreement that a skilled lawyer "might" be able to put together for you. I use to work in Clovis and I know there are plenty of good lawyers in Clovis and Portales, just south of you.
If you are not sure how to get a lawyer look at some of my other posts over the past few years and I have laid out in those posts different questions to ask, phone numbers to call and people to talk to in finding the kind of lawyer you need for this case.
Good Luck.