Columnist Sandra Thompson: Settlement battles strain man's health

Sandra Thompson is vice president/associate editor of the Las Vegas Sun. She can be reached at 259-4025 or e-mail at [email protected].

Edwin Epstein has been threatened with jail time if he does not "properly" sign a consent form giving his ex-wife a certain percentage of his teacher's retirement pension.

Epstein has no problem with her getting the money; he disagrees about the percentage because it's more than what they orally agreed to.

He does have a problem with going to jail.

Epstein, 72, underwent quadruple bypass surgery earlier this year. His right leg was amputated a few years ago and he is an insulin-dependent diabetic who has extensive peripheral vascular disease.

"Under no circumstances ... do I feel that he is capable of tolerating any type of detainment or incarceration," his doctor wrote.

Nevertheless, a letter from his ex-wife's attorney's office said that if Epstein did not sign the consent form in five days (by July 25), a motion would be filed requesting that the judge put him in jail until he cooperates.

That's not the only thing that concerns Epstein.

According to a June 2 Family Court order, his entire divorce could be set aside if another property settlement matter isn't resolved. That is extremely upsetting to Epstein's present wife, who turned 69 yesterday.

That matter involves his ex-wife being listed as beneficiary for survivor benefits from his military retirement plan. Again, Epstein says he is not opposed to her being the beneficiary. The Defense Finance and Accounting System (DFAS), which administers his military pension, is reviewing the matter because a spouse loses eligibility as Survivor Benefit Plan beneficiary upon divorce. A particular form must be filed, within a specified date of the divorce, to reinstate her as beneficiary. There is a question about whether his ex-wife properly, and in a timely manner, submitted that form.

"It's out of my hands," Epstein says, adding that the matter has been referred to DFAS' "technical review section."

Pension issues in divorce property settlements are, for the most part, complicated matters in Family Court. Few judges and attorneys are knowledgeable in that area.

Epstein's case is further complicated by "technicalities."

Epstein and his first wife were married in 1966. He says she abandoned him, and they were separated for a time before she was granted a default divorce in 1995 in Northern Nevada.

The decree included a division of their substantial assets. Epstein says he did not receive proper notice of her intention to seek a default divorce, and therefore could not object to what he says was an unfair property settlement that gave his ex-wife nearly all their assets.

He appealed to the Nevada Supreme Court, which agreed with his position and sent the case back to District Court. Since Epstein was living here, the case was heard in Family Court. By this time, he had remarried. So Family Court basically was ruling only on a new property settlement.

Under the agreement, Epstein's ex-wife received the larger share (one portion alone was more than $150,000) of their substantial assets and kept 100 percent of her postal pension. He kept his military retirement, but she was to receive the survivor benefits at the time of his death. Epstein says they had an oral agreement that she also would receive 35 percent of his monthly Illinois teacher's retirement payment. He came up with that number based on certain factors. However, his ex-wife wants 43 percent plus COLA (cost of living adjustments).

Epstein signed the consent form assigning her those pension benefits, but he wrote at the bottom of the form that he was doing so under protest and does not agree to COLA. However, the "not" appears to have been whited out on his copy. There is a blank space between "do" and "agree."

That handwritten annotation is not acceptable, according to his ex-wife's attorney's office, who demanded that he sign another form or face jail time. Neither the attorney nor the paralegal working on the case returned phone calls seeking comment.

Epstein says he was on medication and wasn't clear-headed at the court hearing on the property agreement. He says he was coerced into signing.

In addition, at a recent court hearing he was ordered to pay $1,000 for his ex-wife's attorney's fees. While he was waiting for a "bill," the attorney placed a lien on his home for that amount.

The stress and emotional strain have taken a toll on his already fragile health.

"I just want to get this over with," he says.

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