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Child support fraud??

Started by annemichellesdad, Nov 13, 2006, 03:37:54 PM

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socrateaser

>Thanks for the honesty.
>
>No, I don't want to take anything to court that won't work.
>Just seems like the spirit of the statute is to keep the court
>informed so that it can make proper decisions, and that not
>doing so as ordered constitutes misrepresentation by fraud.
>
>We're currently looking for anything that shows that the BM
>knew PRIOR to the submission of the financial affidavit that
>she would own the house on day after. Short of that evidence,
>this is a dead issue.

I would be very surprised if there isn't some statute or case law that requires parties to keep each other informed of any material changes in their financial circumstances. However, the relevant question is: what did you do during the pendency of the action to test the assertions provided in the financial declaration?

If you simply took it all at face value, then you're probably SOL, no matter what the other party knew after filing the document.

This is a relatively simple motion to vacate. If you can prove the timing of the financial transfers, with objective evidence, just submit the motion and see how it flies. You have nothing to lose except some filing fees.