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amended financial affidavit-fraud on cou

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#1 angelina121


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Posted 21 July 2011 - 02:56 PM

Can anything be done about an amended financial affidavit filed after a settlement was reached in mediation?
Am I correct in my understanding after mediation the settlement goes to a judge for approval in part to assure both parties understood what they signed partially by evaluating if the settlement was equal?
 I received a very unequal settlement written vaguely with no way to determine if it was close to equal. My ex's attorney filed an amended affidavit at the courthouse the day of mediation after the settlement was reached. It falsely declared many of the properties my ex took as his non marital property as well as 3/4 of our business and doubled the amount of a trust I had. It had no supporting documents, outdated financials and his attorney knew it to be false as it was contrary to our tax returns and other contracts we had showing everything jointly owned..

  I accepted our business with no financial information just to have it over. I was subjected to 10 months of daily  physical,verbal and financial abuse from my husband by the time mediation arrived my doctor wanted to hospitalize me. My attorney ignored my pleas for temporary support or aid even advising me not to report strangulation attempts to police, which like the good client I followed. He lied to me at mediation regarding my concerns not knowing what unpaid liabilities existed saying everything would have to be made current .I thought even if unfair I would start with a clean slate and move on. This failed to be put in writing and I took over $120,000 in debt, ready to be foreclosed on, my husband took all cash and 35 fully paid properties... My attorney did no discovery, due diligence or depositions and committed much malpractice but as I've recently found has no insurance. In order to attempt to vacate the settlement I must prove fraud and have accumulated quite a bit though most of what my husband didn't report I had given my attorney evidence of prior, Since he didn't address it in mediation or do discovery on it I'm out of luck.

During my search I obtained a copy of my ex's affidavit from the courthouse only to find an amended one I had never seen filed the same day.  My belief is it was intentionally filed so the judge would not question the obviously unclear settlement,  If everything belonged to my ex before marriage and I had such a large trust the division really didn't matter. In fact it looked as though my husband was generous! My new attorney says  judges take little regard into account for emotional distress.  But if a judge is sent the settlement with such a false affidavit is it not fraud on the court, done to trick him into approving no questions ask?
Any advice or insight is appreciated.

#2 Guest_FindLaw_Amir_*

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Posted 22 July 2011 - 09:10 AM

angelina121 said...

But if a judge is sent the settlement with such a false affidavit is it not fraud on the court, done to trick him into approving no questions ask?

I would assume so, regarding the false affidavit submitted.

Your best bet would be is to consult with your new attorney regarding this. If he/she is not willing to cooperate on your legal issues, then you may wish to consult with a new local attorney. You may wish to use the FindLaw Lawyers Directory to locate local counsel. Many of the lawyers do offer a free consultation. It would not hurt to call and get different opinions regarding this issue.

Let us know how it goes.

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