Legal Question in Family Law in New Jersey
cpi yearly increase
my ex informed me a mistake was made over the past five years when computing the yearly cost of living increase. he now has made the correct adjustment which has lowered my alimony substantially. he also wants to be paid back over the next 10 yrs. for his mistake which will lower my alimony payments even more. he is a cpa in his own successful practice. this mistake he made for 5 years is not my fault. is he entitled to this money back? also, he does not want to give me any cost of living raises until he get paid back all of the extra money he paid during the 5 yrs. the amount is approx. 300 a month. as he realized this 6 mos. ago he readjusted the cpi which is now significantly lower and started lowering the alimony which he says will continue until all he paid inadvertenly is recovered. i was laid off from work 7 mos. ago and have been collecting unemployment. this situation has hurt me financially and cannot afford to pay him back . how he made this kind of error is not my fault. what can i do about this
4 Answers from Attorneys
Re: cpi yearly increase
You need the assistance of a good divorce attorney.
Call me if you like.
Re: cpi yearly increase
I am assuming that the CPI increase is set forth in your Property Settlement Agreement or in a Court Order. Either way, he cannot make a unilateral change. And perhaps he is wrong. This matter needs a quick review by an attorney and possible Court action against him to resolve this. It is extremely important that you contact an attorney immediately.
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. If you have not
already done so, you should immediately meet with a Family Law attorney for a full consultation
before you take any further steps. You may feel free to call me to discuss this matter in more
detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck!
Rob Gleaner
Re: cpi yearly increase
I agree with Mr. Gleaner. His claim is you have been unjustly enriched. However, you have several claims, laches being one of them, to trump the UE claim. In addition, he is a CPA and he should be held to a higher standard. Also, this should be taken to court instead of him just deciding what to do.
My initial consultations are free, so call me at 732/247/3340 to discuss your case.
Re: cpi yearly increase
He has to pay what the guidelines require. His mistake is merely a wonderful act of generosity. The child support payments were for his child, not for you. He gets no credit.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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