Legal Question in Family Law in New York
Divorce Papers
My divorce papers state that my husband gets 40% of my pension. After the divorce was final, we made an oral agreement for him to take my 401K (approx. 90K) instead of my pension, but we did not change the paperwork. I also pay $1,300 a month in child support even though my kids are 21 & 23 & not in school. My ex recently threatened to take me to court and sue for back pension. Is there anything I can do now to make our agreement official? It's been over 10 years since our divorce.
1 Answer from Attorneys
Re: Divorce Papers
First of all, under the facts you listed you should not be paying child support at this point. On the pension issue, yes, it is still possible to resolve any outstanding issues, though it may take some work in court to do so.
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