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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- (719) 344-5523
- View Profile
- Answered
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
