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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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What form do i need to file toincrease the amount of

Customer Question

What form do i need to file toincrease the amount of retirement portion of my alimony? At the mediation hearing I agreed to 50%,,,but the mediator said i was entitled to 50%of the marital portion. , which equaled 30%when all was done. But it was supposed to say 50%...and when he put in for it they would not grant the money to be deducted because we were married 9.5 years so he just adds it to my unammendable alimony.
Also while married I had medical I have to go to the VA hospital and am charged dearly. I would like for him to pay for a compatible additional coverage.
Then also the assists were divided prior to the divorce. It was assumed that I was going to receive the house ,and the assets of 77,000....unfortunetly it was appraised the next year at $36,000. So he got over $35,000 in assists more then me. That included the 97HD motorcycle, his truck 95 Chevy , and ALL the tools,welder,compressor,portable shed.
I want to file to get this corrected...but I can not afford an attorney, and the lawyer who handled it won't do it. Says she nolonger works for the firm who she was with at the time.
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
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Expert:  Dimitry K., Esq. replied 2 years ago.

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

When was this order signed, how long ago? And when was this error discovered? There is generally no form to file, you would need to file a 'motion for clarification' and then a motion to set-aside if the judge agrees with you that the original order was incorrect. Just please be aware that an omission can potentially be amended but new terms cannot be--so if he wasn't ordered to pay for support or medical coverage, once you signed you cannot demand it now.


Dimitry, Esq.

Customer: replied 2 years ago.
Our court date was Sept 6th....but the decree was signed Sept 18th, 2011.
(He remarried on the Sept 10..) Error discovered after he filed to the army to send it to me. The assets were completed in August of 2012.
Expert:  Dimitry K., Esq. replied 2 years ago.


How long ago was the error found, was it just now or in 2011?

Customer: replied 2 years ago.
Expert:  Dimitry K., Esq. replied 2 years ago.

In that case you waited too long to pursue, I am sorry to say. This is now 2015, and if an error was found 3 years ago, failure to pursue it in a timely manner creates a basis for 'waiver', specifically that the parties have agreed to the newly amended terms. Typically any 'error' or mistake has to be pursued in a timely manner, which generally is meant to be seen as pursued within 30 days after the error is reasonably found. And since you found this 3 years ago, it is now too late to re-start the process, and likewise it is too late to essentially rehash the order and claim that it is somehow unfair or incomplete. The courts would consider it that you waited too long and not permit you to review.


Dimitry, Esq.