Legal Question in Family Law in Texas
Retirement Fund
My ex husband and I agreed in our divorce proceedings that 1/2 of his retirement fund would be removed and placed into a savings account for our son. The divorce was finalized in Jan of this year, and i have hit a bump. According to the company that handles this plan, I cannot get the money until he either quits or retires. If he retires, I will receive a life long pay out check.
What legal action or rights do i have to this money NOW, since this was our agreement in the mediation process. I go have a signed affidavit from the mediation company.
1 Answer from Attorneys
Re: Retirement Fund
Was this not a 401k with an accompanying QDRO?
You need to speak your attorney that handled your divorce.
If there was a mutual mistake as to the terms of the settlement, you may be able to get the decree modified.