reitrement benefits for minor child

[embraced2000]

retirement benefits and divorce

indiana law
was married for 13 years, one child. my ex just retired from a naval weapons depot (civilian). retirement was not an issue that was addressed in our divorce decree. what benefits, if any, are me or my child entitled to and when would they take effect. my ex keeps medical insurance on my son and i pay the first 750.00 expenses per year.......after the first 750.00, my ex and i split the medical costs. i'm asking because our son has just been diagnosed with type 1 diabetes and needs a lot of medical supplies, which insurance does not seem to be covering. his insurance co will not discuss the issues with me since i am not the cardholder, and my ex is uncooperative in helping me resolve the insurance problems with this coverage.
thanks

 

[dorenephilpot]

Did you do your own divorce? If so, this is a prime example of why folks shouldn't do their own divorces.

If not, your attorney absolutely should have addressed the retirement issue. If he didn't, that's a possible disciplinary issue, depending on how that oversight/problem happened.

Is your divorce decree less than 30 days old?

If it's older than that, it's too late to appeal its terms.

If he is required by the decree to have insurance on the child, he is required to share the information with you that you need, such as insurance cards, etc.

If he is not doing that, then you might want to haul his patootie in to court and ask that he be held in contempt for not providing that information.

That's the best answer I can give you, with the facts stated as they are.

Best of luck to you!

 

[embraced2000]

we did not do our own divorce.....we both had attorneys.

our divorce has been final for over 7 years.

retirement plans or benefits were not even mentioned at any time.

it doesn't surprise me that i would have to take him to court to get simple insurance info.........i had to take him to court to get our sons clothes and personal belongings when i took our son and left our home. he is such a *****.

anyway, do you know if my son or i are entitled to any benefits from his retirement???

thanks so much

 

[dorenephilpot]

My guess is no -- generally there's a clause in the settlement agreement (or the decree) stating the disposition of any items you specifically discussed, such as the family home, and a general clause stating that everything else in each person's possession is theirs, free from any claims of the other person.

If you did not address the retirement issue and you have that umbrella clause in there, then you're probably SOL.

Sorry....

 

[embraced2000]

thanks for your time and help.