pension question???

[heidi64]

What is the name of your state (only U.S. law)? VA
I was married for 9.9 years to my ex who is still active duty in the military. We've been divorced for almost 10 years. In the divorce decree I was entitled to a portion of his pension upon his retirement. A few years ago I signed away those rights of my own free-will in a letter. However it was not submitted through the courts. After signing it, I mailed the copy to my ex, because at the time I felt that because he earned it, it should be his. I've changed my mind since and I'm wondering if that signed letter will ruin my chances of getting my portion of the pension.
H

 

[mistoffolees]

What is the name of your state (only U.S. law)? VA
I was married for 9.9 years to my ex who is still active duty in the military. We've been divorced for almost 10 years. In the divorce decree I was entitled to a portion of his pension upon his retirement. A few years ago I signed away those rights of my own free-will in a letter. However it was not submitted through the courts. After signing it, I mailed the copy to my ex, because at the time I felt that because he earned it, it should be his. I've changed my mind since and I'm wondering if that signed letter will ruin my chances of getting my portion of the pension.
H

No. You can't change a divorce decree - only the court can do that.

However, he could go back to court and present the letter from you saying that you didn't think you deserved it and ask the judge to change it. Whether the judge would do that or not depends very much on the circumstances.

 

[heidi64]

i also want to add for your knowledge that the letter i signed was notarized.

 

[kimberlywrites]

Am I understanding this correctly? Because if the decree states you are entitled to part of his pension, then you will get it. That could not have been changed, letter or not, without going back to court. So you should be happy - you still get a portion of his pension, after all!
Seniors correct me if I'm wrong. (I know you will)

 

[LdiJ]

i also want to add for your knowledge that the letter i signed was notarized.

It doesn't matter that the letter was notarized. Only a judge can change a court order.