Legal Question in Legal Ethics in New Jersey

Divorce papers

I live in NJ and this has to do with my very recent divorce. I just recieved the ''Civil Action Dual Judgment of Divorce'' papers. We went in front of the judge on Dec. 9th. Under agreement #10 it states the Defendant (that's me) has a tax deferred pension account through his employment. The Plantiff shall be entitled to an amount equal to one half of the said account less $2000 representing contributions made post-filing by the Defendant into the said account. At the time of the filing, some 16 months ago, I was contributing 15% of my salary. After reviewing all of my pay stubs from that time the amount equaled $8188. My attorney made a miscalculation and when I enformed him of this his reply was I agreed to this and I am bound by the agreement. He asked for my last 3 pay stubs and I gave them to him and that is where he came up with the less $2000. He never explained to me the amount he was settling on because he assumed the contributions towards my 401K was 3%. Indeed it was, but for a very short period of time. Now I haven't yet signed any final divorce papers. Please advise me on what to do and if I have to call my attorney what should I say Any help would be greatly appreciated.

Regards

Ralph


Asked on 12/30/02, 2:21 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Divorce papers

We assume you did not agree to be bound by errors and miscalculations. They do occur, and should be corrected when discovered. Write your attorney a letter pointing out the errors and providing the correct information. Keep a copy. Tell him you decline to sign an agreement with such gross miscalculations, but that you will honor your word with respect to all other provisions and to the one concerning your retirement when it is corrected.

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Answered on 12/31/02, 10:27 am


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