Legal Question in Family Law in New York

Rights to pention

I was married for 15yrs 4 kids. To a NY city fireman devorsed now 12yrs both of us remarried .Am I or my kids intitled to a part of his pention for the 15married years.When we devorsed 1987 it was an out of court settlement not set by the judge for me to wave the pention &child support in order for him to not to fight for custody. I was afraid. &I signed it. Also what about Social security for the 15yrs. I was the soul supporter of the kids for the 12yrs. Their life style was changed drasticly after the devorse.I got the house but had to sell soon after could not afford the upkeep. Please advise Thank You


Asked on 8/24/01, 9:39 pm

1 Answer from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Rights to pention

Unfortunately, you are probably out of luck. You probably would have been entitled to a portion of his pension, but because you voluntarily signed this away, you are stuck with that decision now. Just because your ex husbands standard of living has increased, this does not override your agreement. It may, however, be a reason to see an increase in the child support he pays. I would suggest you consult an attorney.

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Answered on 9/05/01, 8:57 am


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