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Fraud on Divorce papers

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#1 Luke10


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Posted 13 January 2010 - 04:15 PM


I just got divorced 2 weeks ago. I just found out over the weekend, my former wife has lied about her income and place of employment. We went to mediation on Dec 1, and signed the papers on Dec 29. On Dec 13 she start a new job paying her over $14,000 a year more. We have 2 kids. I am paying child support. With the increase of income it will effect the child support.

1. If no one including her lawyer knew of the new income prior to signing of the papers.......Did she committ fraud?

2 Can I say I want a do over, and throw the whole divorce paper out the window. And start over with custody and child support. If she committed fraud, can I go back and get joint physical custody?

3 Can I file a civil law suite for fraud and hold that against her unitl I get joint physical custody?

Thanks Luke10

#2 Ted_from_Texas


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Posted 13 January 2010 - 11:13 PM

1.  Probably not, but there's not really enough infrmation in your message to say.

2.  You can say you want anything.  What you want is not necessarily what you can get.  The portions of the settlement that are affected by her increased salary, such as child support, may be reopened and renegotiated.  You may not "throw out" the divorce and start over.  Her alleged fraud will not likely have any relevance to the matter of custody.

3. You can file a civil suit if you care to go to the trouble and expense to do it, and if you can find an attorney who'll take your case.

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