Trial court lacked jurisdiction to modify final judgment of dissolution by increasing wife’s percentage share of former husband’s pension benefit after he began receiving social security retirement payments and his pension benefit was reduced, despite fact that former wife’s monthly pension benefit was reduced while former husband received his full social security payment in addition to his percentage share of the pension; final judgment distributed only husband’s pension, not his social security benefit, and there was no indication in the final judgment that former wife would receive an increased percentage share of pension in the event her monthly pension benefit was reduced when former husband entered into social security system.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com