• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

misleading and mathmatical error on divorce settlement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Sokols

Member
What is the name of your state (only U.S. law)? ca

Just finished in Los Angeles court. petitioner and respondent attorneys hand wrote settlement agreement as a global settlement which we signed. The judge settled even though I had concerns and questions. I found out that inaccurate mathmatical error and pension amounts were incorrect and falsified. I am out an extra 40K. There are 2 issues from the settlement that are being reserved for 6 months. Is there any legal course I can take to rectify the error by the attorneys or hold them liable for this error?
 


CSO286

Senior Member
What is the name of your state (only U.S. law)? ca

Just finished in Los Angeles court. petitioner and respondent attorneys hand wrote settlement agreement as a global settlement which we signed. The judge settled even though I had concerns and questions. I found out that inaccurate mathmatical error and pension amounts were incorrect and falsified. I am out an extra 40K. There are 2 issues from the settlement that are being reserved for 6 months. Is there any legal course I can take to rectify the error by the attorneys or hold them liable for this error?
Motion to Correct Clerical Error--can usually only be filed within 30 days of the order.

assuming the mistake occurred in good faith.
 

Hot Topic

Senior Member
What is the name of your state (only U.S. law)? ca

Just finished in Los Angeles court. petitioner and respondent attorneys hand wrote settlement agreement as a global settlement which we signed. The judge settled even though I had concerns and questions. I found out that inaccurate mathmatical error and pension amounts were incorrect and falsified. I am out an extra 40K. There are 2 issues from the settlement that are being reserved for 6 months. Is there any legal course I can take to rectify the error by the attorneys or hold them liable for this error?

You signed a settlement agreement even though you had "concerns and questions?"

Who told you about the "mathmatical error" and the pension amounts?

The first thing you'll need to prove is the existance of errors.
 

Sokols

Member
Where do I get the forms for motion to correct clerical error ( the error was made by both attorneys) Yes I was stupid enough to sign the orders.
2. The respondents attorney argued that my pension should be based on the days current value and not on the legal separation date which was two years ago. That being said the attorney used paperwork that I had provided as an estimate in February. It was not the current payout but an estimate based on if I retired early. The actual current based on my age and todays date is very different. 3. The summary calculations were done by my attorney I believe on paper. They don't add up and are off by 40K. i have asked my attorney to again provide me with the list breakdown and she refuses to send it to me. Stating it's done deal and it was a global settlement. I still would like to see how it was calculated. Please advise my next steps if there is any!!!!!!
 

Tex78704

Member
Where do I get the forms for motion to correct clerical error (the error was made by both attorneys) Yes I was stupid enough to sign the orders...Please advise my next steps if there is any!!!!!!
Your type of mistake does not fall into the category of 'clerical error' that such a motion is intended for. And in this instance your motion will almost surely be denied.

Your attorney is generally correct that this is a done deal since you already signed an agreement to the terms of the order.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top