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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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When my lawyer negotiated my alimony he did not take in to

Customer Question

When my lawyer negotiated my alimony he did not take in to consideration the cost if living increase. We signed papers march, 2013 . My health insurance has gone up $60 a yr and will continue. I was planning on renting an apartment but prices were way too high, made more cense to buy:( I pay $1967 a quarter on taxes!) can I bring him back to court? He makes over $300,000!!! My lawyer didn't look @ the salary very well. Every time I tried to speak up I was yelled at. It was very upsetting, my lawyer turned out to be a verbally abusive person
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies to you on your situation. However generally speaking, absent fraud or material misrepresentation, you cannot take your ex back for more alimony. Alimony is almost never attached to the cost of living increase anyway because alimony is designed to assist you for a set period of time (or set period of conditions) but it does not grow with time, if anything it gets lowered with conditions such as loss of income, remarriage, or other similar factors. The fact that your attorney did not obtain what was, in retrospect, the best deal for you is not the fault of your ex. What you can do is take this situation to a different local attorney for review--if the attorney agrees that your past attorney somehow failed to obtain what was a reasonable amount, you might have a basis against that attorney for legal malpractice, but it would not be against your ex.

Sincerely,

Dimitry, Esq.

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