Can my X get my retirement 3 years later

Relates to California Law.

I got divorced three years ago, my husband kept the family home and everything in it. I kept my retirement and our son. I never asked for child support until now. He is angry and now wants to come after half of my retirement. That money was cashed out and he shared in spending some of it, but I have no documentation to prove this. Is he entitle to half of my retirement(which is gone)?.

[LegalBeagle]

Originally posted by kohlman
Relates to California Law.

I got divorced three years ago, my husband kept the family home and everything in it. I kept my retirement and our son. I never asked for child support until now. He is angry and now wants to come after half of my retirement. That money was cashed out and he shared in spending some of it, but I have no documentation to prove this. Is he entitle to half of my retirement(which is gone)?.

No.

Why did you give him the house?

Are you sure it's no? He said his attorney(California) told him he was entitled to half even though it's been three years and it was never discussed in the divorce paperwork. I gave him the house because he threatened to get a court order and keep me from taking our son out of state, where I now live. Besides that was the deal, He'll keep our home and everything in it and I'll keep my retirement. Now I'm worried.

[LegalBeagle]

Originally posted by kohlman
Are you sure it's no? He said his attorney(California) told him he was entitled to half even though it's been three years and it was never discussed in the divorce paperwork. I gave him the house because he threatened to get a court order and keep me from taking our son out of state, where I now live. Besides that was the deal, He'll keep our home and everything in it and I'll keep my retirement. Now I'm worried.

There are some attorneys out there who will tell you the world is square and they are going to petition the courts to order it so. As long as you pay them, what do they care.

Is he entitled to it?, No. Can he petition the court to ask for it?, Yes. Will he get a judgement giving him half of an amount that no longer exists and that he did not address 3 years ago?, No. Will a judge see that he is doing this just because of the CS?, Yes.

Continue on with your petition for CS and get every penny you can. He has taken enough from you.

Thanks ,

I just got off the phone with a friend of a friend who is an Attorney in California and he said the very same thing you just did. I will continue with child support. I'm not a jerk, he works and makes lots of money. I only want him to meet his financial obligation towards his son.
Again thanks for your advise-it was helpful

[LegalBeagle]

Originally posted by kohlman
I just got off the phone with a friend of a friend who is an Attorney in California and he said the very same thing you just did.

That is so funny.. I just got off the phone with someone asking me these same questions!!

hehe.. just kidding.. Good luck!