Q: Can I sue my ex for his retirement if he violated an agreement on it with me years ago.
I filed for divorce in 2012. It was finalized 1 1/2 years later in 2013. His lawyers and I had negotiated in writing that I would agree to give up my portion of his retirement in exchange for him not seeking child support for any of our kids living with him. When 2 of my kids moved back with me after divorce, 1 stayed with him, he then filed for child support to offset support he would pay me.
It would be unusual for a court to approve an agreed decree that provides giving up any rights to his retirement is expressly conditioned on him never seeking child support from you. Usually, the parties’ division of their marital estate is independent of any agreement involving child support and possession time.
You should rehire the attorney who represented you at the time of your divorce to try to enforce such a peculiar provision.
Most experienced attorneys would caution you that any agreement as to child support at the time of your divorce is subject to being subsequently modified by court order if there is a future material change of circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.