QUESTION
Can an appeal be made after a divorce is granted for permanent alimony instead of term alimony due to permanent disability determination received?
Asked on Aug 24th, 2012 on Family Law - New Jersey
More details to this question:
I am disabled. My determination arrived one month after we signed off on our divorce settlement agreement. We agreed on five year term at that time because it was not known that the permanent disability claim would be approved and it was approved. Can I go back to court for permanent alimony based on my disability? Or am I limited because we waived our right to a trial?
1 ANSWER
You can bring any kind of action you want, but be prepared for it to be denied. It's possible that you could allege "mistake of fact", but you knew that it was a possibility that you would be permanently disabled, so I'm not sure it would work. See a lawyer in your area for advice.
Answered on Aug 24th, 2012 at 9:30 AM