Q: Can an ex-spouse petition the court to modify a divorce dissolution where there are no installment payments?
My dad was convicted and sentenced to 80+ years in 2016, his divorce from second wife was final in 2012. She is petitioning the court to remove the clause in their divorce that states my father was entitled to 50% of her retirement that accumulated over their 7 year marriage. She was instructed by the judge in 2012 to front the cost of and prepare the QDRO to determine his retirement benefits. She never did this. My father passed away in 2018. We had an attorney write the ex-spouse a letter reminding her that even though he passed she is still required to prepare the QDRO and determine the retirement funds that are due him in accordance with the divorce. These funds would now go to his beneficiaries. Ex-spouse has filed a motion to petition the court to modify divorce decree from my father and asking the judge to apply Ariz.Rev.Stat. §25-318.02 which only mentions installments and not lump sum retirement money...does she have a case. Can she just keep the retirement money? - Mesa, AZ
A:
I would need to now so much more. TYPICALLY, it is very difficult to modify the terms of a Divorce Decree which divides property. What is she claiming is the basis to modify? Did your Father owe her other monies that she is claiming were unpaid?
Also, when was the estate served with her Petition to Modify? Has a timely response been filed?
Please call in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free ½ hour consultations, in which we can discuss your matter in detail.
Please call or email my assistant Maddy to schedule your free ½ hour consultation.
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