Q: Can you modify a decree after the 5 year mark if the other party committed fraud with their financial statement?
The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual income of the other party was disclosed at the time of divorce?
A: Property settlement modification generally relates to disclosure of assets and debt and not income. Also, it sounds as though someone may have accepted a job, but may not have been working at the time of the hearing/decree.
A:
Good Question!
This is one of my favorite aspects of family law. The short answer to your question is that the law does provide for remedies if income or property subject to division was not properly disclosed at the time (or before) the decree was issued (assuming that was the last step in the case). There are many nuances to this general rule, such that if assets are not disclosed they have to be large enough to justify reopening the case (a $20 account that was omitted probably doesn’t do the job).
Sometimes attorneys fees can be awarded in actions to reopen cases. Additionally, spousal maintenance may also be able to be readjusted.
Your legal rights and remedies are highly dependent on your specific circumstances and there simply is not enough information in your question to offer specific guidance and advice. Other than to say, I highly suggest that you promptly contact a qualified domestic relations attorney licensed to practice law in the State of Colorado to perform a case evaluation for you. CNL Law Firm, PLLC does them for free. Lastly, please note that for some remedies, there are often rigid timeframes within which to act.
I sincerely wish you only the absolute best!
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