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Being Forced into Early Retirement

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Ohiogal

Queen Bee
I agree. 300 of the 500 a week was already part of the original 16k. Therefore its only growing at the rate of 200.00 a week. Which means that your arrearage could not have increased by more than about 15-16k since February of 2013.
Plus interest... so it should be about $35k if he has paid NOTHING.
 


Bali Hai

Senior Member
The judge also awarded my ex-wife's lawyer $6,800 in legal fees.
These people want your money and they don't care about your disability. You found that out when you asked for a downward modification due to losing your job, your health issues and the judge was pissed that you didn't have life insurance.

I hope you outlive them all.
 

Ohiogal

Queen Bee
The judge also awarded my ex-wife's lawyer $6,800 in legal fees.
Well quite frankly, why did you let it get behind $16k before you did anything? That was one of your major issues. How much did you actually pay? Or did you pay nothing and just determine you weren't going to pay? Did you tell your ex you wouldn't pay her anything?
 

ChristianHJung

Junior Member
Well quite frankly, why did you let it get behind $16k before you did anything? That was one of your major issues. How much did you actually pay? Or did you pay nothing and just determine you weren't going to pay? Did you tell your ex you wouldn't pay her anything?
Shortly after my divorce in 2001, I became ill and was placed on long-term disability for three years. During this period, my 401k was used to pay my spousal and child support. According to the Probation Department, the 401k payments should have been paid directly to Probation instead of being sent directly to my ex-wife. Probation blamed the judge for not following proper procedures. For years, my ex-wife received large sums of money from my retirement plan but only reported some of the funds to Probation. The under-reporting of funds created an arrearage which worked in her favor each time I went back to court. I recently received an audit and can now prove that over $40,000 was not reported to Probation. In 2007, I had requested a full accounting but the court denied my request.

In regards to the 16k, from 2006 to 2012, my ex-wife received 65% of my pay because of the arrearages. However, because the 65% did not cover my total obligation, I was going deeper into debt with each paycheck.
 

ChristianHJung

Junior Member
And as it stands right now in NJ, if you take retirement prior to federal retirement age, you are not eligible for a downward modification of alimony due to reduced income. Instead, you're classified as willfully underemployed. This guy really needs a knowledgeable family attorney to guide him.
I have seven days to decide if I should retire or face jail time. If I retire, I would like to file a motion for downward modification due to reduced income. However, if what you say is true, I don't stand a chance of getting any relief. Does this mean that I have to wait until I am 66 years of age before I can ask for a modification?
 

Bali Hai

Senior Member
I have seven days to decide if I should retire or face jail time. If I retire, I would like to file a motion for downward modification due to reduced income. However, if what you say is true, I don't stand a chance of getting any relief. Does this mean that I have to wait until I am 66 years of age before I can ask for a modification?
From what you posted, chances are slim to none that you will get a modification in this life.
 

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