C
[email protected]
Guest
I divorced legally in CA in 1993. I had a lawyer at the time my judgement was signed. My question is this:
In my signed judgement, there is a clause that states "It is further ordered that the community interest in Respondent's United States Navy retirement, (respondents name here, ss#, current address at the time,) is reserved under the provisions of In RE The Marriage of Brown.
Upon filing the paperwork, with the Navy. I was informed that my judgement was not valid. I was married for 5 yrs. I understand, that due to the spouse protection act that I am SUPPOSED to NOT receive part of his military retirement pay. When I discussed this in detail with my lawyer at the time, he quoted the RE: Marriage of Brown, and explained that I could get a very small amount of the retirement, which he estimated at around $100 per month.
The Navy Dispersement Office, was very clear that I was entitled to NOTHING with this judgement wording. They said I dont qualify under the spouse protection act. Also, they said I might be entitled to some type of "spousal support" dispersed from the retirement funds, but that my lawyer needed to write a formula or amount in the judgement.
I feel the I was taken advantage of by my attorney and misrepresented. With my calculations, if this judgement is incorrect this error is worth $45,000.00++ in dispersements that I will NOT receive, also my legal fees and retainer fee that I paid already paid out $5000.00+.
1. What am I entitled to by law?
2. Is my judgement valid?
3. Did my lawyer make an mistake and lie to me about what I was entitled to?
4. What process should I take now?
5. What does reserved under the provisions of In RE The Marriage of Brown mean?
[Edited by [email protected] on 11-25-2000 at 08:48 AM]
In my signed judgement, there is a clause that states "It is further ordered that the community interest in Respondent's United States Navy retirement, (respondents name here, ss#, current address at the time,) is reserved under the provisions of In RE The Marriage of Brown.
Upon filing the paperwork, with the Navy. I was informed that my judgement was not valid. I was married for 5 yrs. I understand, that due to the spouse protection act that I am SUPPOSED to NOT receive part of his military retirement pay. When I discussed this in detail with my lawyer at the time, he quoted the RE: Marriage of Brown, and explained that I could get a very small amount of the retirement, which he estimated at around $100 per month.
The Navy Dispersement Office, was very clear that I was entitled to NOTHING with this judgement wording. They said I dont qualify under the spouse protection act. Also, they said I might be entitled to some type of "spousal support" dispersed from the retirement funds, but that my lawyer needed to write a formula or amount in the judgement.
I feel the I was taken advantage of by my attorney and misrepresented. With my calculations, if this judgement is incorrect this error is worth $45,000.00++ in dispersements that I will NOT receive, also my legal fees and retainer fee that I paid already paid out $5000.00+.
1. What am I entitled to by law?
2. Is my judgement valid?
3. Did my lawyer make an mistake and lie to me about what I was entitled to?
4. What process should I take now?
5. What does reserved under the provisions of In RE The Marriage of Brown mean?
[Edited by [email protected] on 11-25-2000 at 08:48 AM]