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The nonmodifiable clause is unusual and wrong. So that raises questions.
So what do you do? The first way is to file a petition to reopen based on the false financials. If you can prove the loss is a lie, then you have a chance. The petition to reopen is not a form, so you might need an attorney to help you. You can do it on your own, but you will have to draft a petition to reopen, show the financials are wrong and then change the agreement.
The other way is to file a motion to modify even though alimony is not modifiable. You will still get on the docket and they will carp about how you signed off, but you can say there is a substantial change in circumstances, that being there was a discovery of falsified financials and collusion with your attorney.
Sometimes if you you get in there in fight, things can happen. The motion to modify is a form that you can can get on line and file. You will certainly ruffle their feathers, because they lied to you and you were not properly advised. The lawyer never pointed out that clause and its importance.
The equities of the situation are on your side. That is why you have a chance to win.
It is a long shot type of case, but worth a shot. If you have hard evidence of falsified financials, then reopening the case is the way to go. If someone could help you with the petition to reopen, it would be good. It is not that hard to draft, you just lay out your situation in numbered pararaphs and ask for relief at the end.
For example 2. divorce entered, 2. agreement based on financials (Ex. A), 3. You have discovered that the financials were incorrect, etc., then ask for the relief that you seek.
If you have the evidence, you can get him.
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Good you are getting away from the drugs. They are no good. I would not get into any of that with the court. Not relevant to the modification. It is relevant to fault, but that ship has sailed since the divorce is over.
There is no on line petition, but there is an on line modification form. You could do that yourself just to mess with them. As I stated before, they will say that alimony is non modifiable, but you will still get into court. When they raise that argument, you state that the reason why is that the financial reporting was incorrect and your attorney was working in collusion with your ex, as you have stated. You show how the guy has a lot of money and you are going to be a ward of the state. You do this yourself, make him come to court with a lawyer while little you stand there and tell the judge what is going on. You had no knowledge of the clause and the circumstances have changed dramatically. At the very least, you will give them a run around. Who knows, they might even settle with you. They are in the wrong and they know it. They have a lot to hide. You are in a position where you have nothing to lose, especially if you do not have to pay legal fees.
If you can find some one to reopen for you or help you draft a motion to reopen, then go that route. Failing that, you just file a motion for modification form and force them into court. Who cares that it is non modifiable? That will not stop your case from being heard. Once you are before the judge you can tell him what happened. Do you follow?
Could not find state issued forms, but there is a form available on line for $24.95. Here it is: http://www.uslegalforms.com/us/US-01899BG.htm
Do you need one for child support too?
So, you have a situation here where the agreement says it is unmodifiable, which will be their defense. You file for it anyway, and go in there an say the clause is void because: 1) it was based on false and fraudulent financials; and 2) it is against public policy (will not work, but say it anyway). If this does not work, then you will have to circle back and file a motion to reopen based on false financials. Remember, you need evidence. This should include documents that prove your point.
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