Colorado Springs, CO asked in Divorce, Family Law, Child Support and Social Security for Colorado

Q: My husband's divorce decree from his ex-wife states that she gets 50% of his retirement benefits. What are the benefits

They were married for 13 years but together for only six years. She abandoned him and their two sons (now ages 35 and 37). We have been married for 19 years but together for 26 years and we have a daughter age 17. His ex-wife never paid one dollar of the child support decreed by the court. My husband is nearing retirement can we go back to court and fight her over the 50%? We agree she deserves something but considering she abandoned our sons we would like for her pay our sons the money she owes them. She never remarried or had anymore children. Our daughter is Autistic and we will be caring for her for many more years. Also, one of our son's has kidney disease and needs a transplant. He is back home with us because he is unable to work. I am also disabled and don't have my own retirement. Depending on what the ex gets, it could prove financially devasting to us. What is she entitled to? My husband's Social security, pension. 401K?

1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
  • Louisville, CO
  • Licensed in Colorado

A: This depends on the exact wording of the divorce decree. You can not go back and try to change that. Your husband's social security will not be affected. Your husband may be able to pursue her for the back child support-depending on how far back it goes. He should get a lawyer to review this and advise him how best to proceed.

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