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    suea's Avatar
    suea Posts: 1, Reputation: 1
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    #1

    Jul 27, 2009, 03:02 PM
    Vacate for Joinder or Joinder Dismissal
    My husband and his previous wife got a divorce in 1994 in the state of California. In the paperwork, it was determined that his wife was to receive part of his pension when he retired. After the judgement was final, she told him personally that she didn't want his pension and she would contact the courts and have it taken care of. My husband started the paperwork for his pension a couple of weeks ago and found out that his ex-wife never filed the paperwork to vacate the judgement dealing with his pension. He spoke to her a couple of days ago, and she said she is willing to take care of that now. We just don't know how to go about getting the correct paperwork filed with the court. Can anyone tell us what form we will need and how it gets filed in California. We now live in Utah, so we can't go to the courthouse ourselves.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 27, 2009, 03:50 PM

    We have a California Attorney who posts and hopefully he will come along.

    The Judgment of Divorce would have to be amended OR (at least in NY where that amendment is this side of impossible) the "ex" accepts the pension payment and simply returns it to him. Then she and your husband have to file an explanation with IRS.

    I had a similar situation involving my late husband's pension.
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