Divorce decree from 2008 incorrectly separates the husbands DEFINED BENEFIT PLAN retirement. It states that the wife will receive 1/2 of his retirement benefit payment. He was not eligible for retirement or the benefit at the time of divorce. Per family law in 2008, anything after date of divorce should be separate property of the husbands. The wife told her atty they agreed upon 1/2 of contributions and 1/2 of match up until date of divorce. The atty did not state that in the divorce decree correctly. Now husband is trying to retire and cannot because of the error. Husband and wife have hired an atty to get it modified but atty cannot locate a statue that will allow the judge to hear and modify the divorce decree. Anyone know a case law that will help get his in front of a judge?
Answer
Hire a better lawyer. The rules of civil procedure and the family code are very clear about how to do this.
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