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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37883
Experience:  I provide family and divorce law advice to my clients in my firm.
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The divorce of me and my wife was official 2 months ago. I

Customer Question

The divorce of me and my wife was official 2 months ago. I have custody of our son. I agreed in the Divorce decree to a certain amount of child support based on the income she told she was going to make. I now have proof that she lied about her income. How do I plead a Motion to the Court based on this false information and under what Rule? Do I ask for a Modification of a Divore? Do I Motion Vacate Child support?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. However I believe you did file the right motion--you need to file a motion to modify child support so that the courts can re-evaluate the income of yourself and the other party. I am a bit unclear as to whom stated that you this wasn't the right firm. This is not a 'modification of divorce' since that has already been settled, at worst this would be filing a petition to modify the divorce settlement agreement on basis of fraud and misrepresentation. This is likewise not a motion to vacate support, the support order is valid, it s a motion to modify.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37883
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 10 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for your answer. To answer your question, the judge was the pne who daid I did not plea correctly. I just got back the motions I made in the past and they were stapled together with a sticky on it saying Improper. I should tell you even though I did not make the correct plea the judge has authorized a Pre-trial next month to see if there is evidence of fraud. I feel at this point I should make the correct plea, so it is on file with the court. MY next question is, I am going to make a plea according to your advice and I will start it by saying:


 


Petition to Modify the Divorce Settlement Agreement on Basis of Fraud and Misrepresentation.


 


Under Rule 59 (New Trials for Amendment of Judgements) or is it Rule 60(Relief from Judgment or Order)


 


For reasons stated in Chapter 209D, Section 6-607 because my agreement to the order of the divorce settlement was obtained by fraud.


 


I do not know exactly how to write up my petition for the pre-trial because not only am I wanting to be relieved of the current child support agreement, but I need to add her Death Gratuity for the children to the divorce settlement which I did not ask for in the original agreement because she failed to tell me about that.


 


Everything else in the agreement is status quo.

Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,


Thank you for requesting me to assist you again. Please allow me about 15-20 minutes to post my response. Hold on, please!

Customer: replied 1 year ago.


Of course, thank you. I may sound over anxious because I am new to this and wasnt sure my second question went through.

Expert:  Dimitry K., Esq. replied 1 year ago.
Steve,

Thank you for your follow-up. Your question did go through, I am wroking on researching it for you as we speak. Please give me just a few more minutes, thank you!
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your patience and my apologies on the delay. For whatever reason I have been having trouble myself posting a response.

Here, to ensure that I do not miss anything, I will go line by line with my response:

You posted:


Thank you for your answer. To answer your question, the judge was the pne who daid I did not plea correctly. I just got back the motions I made in the past and they were stapled together with a sticky on it saying Improper. I should tell you even though I did not make the correct plea the judge has authorized a Pre-trial next month to see if there is evidence of fraud. I feel at this point I should make the correct plea, so it is on file with the court. MY next question is, I am going to make a plea according to your advice and I will start it by saying:


 


Petition to Modify the Divorce Settlement Agreement on Basis of Fraud and Misrepresentation.


 


Under Rule 59 (New Trials for Amendment of Judgements) or is it Rule 60(Relief from Judgment or Order)

This would be under Rule 59. Based on my review of the language for both Mass rules, rule 60 is reserved if there is an actual error with the previous error, such as a typo or an omission. Rule 59 is what is used to request a re-trial or a re-hearing based on evidentiary concerns.

 


For reasons stated in Chapter 209D, Section 6-607 because my agreement to the order of the divorce settlement was obtained by fraud.

I agree, and pursuing a review under Rule 59 makes sense as it is based on evaluations of the facts in question.


 


I do not know exactly how to write up my petition for the pre-trial because not only am I wanting to be relieved of the current child support agreement, but I need to add her Death Gratuity for the children to the divorce settlement which I did not ask for in the original agreement because she failed to tell me about that.

"The Petitioner humbly prays that due to the foregoing facts above, the child support obligations be hereby set aside and that the Death Gratuity evaluation be credited to me due to the intentional and fraudulent omission of this asset from the previous filing."

 

Would that work?

 


Everything else in the agreement is status quo.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37883
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 10 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

 


Hello Attorney. I cant begin to say how happy I am with your responses to me. I am filling out a Financial statement for court. My son is a minor and collects Social Security Disability from his mother. It is not my money, it is my son's. Do I have to claim that as my income on the Financial statement?


 


Steve

Customer: replied 1 year ago.

Hello Attorney. I cant begin to say how happy I am with your responses to me. You have served me well. I am filling out a Financial statement for court. My son is a minor and collects Social Security Disability from his mother. It is not my money, it is my son's. Do I have to claim that as my income on the Financial statement? Steve

Customer: replied 1 year ago.

Hello Attorney. I cant begin to say how happy I am with your responses to me. I am sorry if I am asking this question a couple of times I have not been able to figure out how this system works yet. I am filling out a Financial statement for court. My son is a minor and collects Social Security Disability from his mother. It is not my money, it is my son's. Do I have to claim that as my income on the Financial statement? Steve

Expert:  Dimitry K., Esq. replied 1 year ago.

Steve, thank you for your follow-up.

Thank you for your question and thank you again for requesting me to assist you further. I am genuinely thrilled to hear that I was able to assist you and that you were satisfied with my previous responses. This is a repost from your other question, which I hope you can see.

Any income that is received for the benefit of the child is deemed to be income attributed to the minor and not to you. You DO NOT have to claim that personal income, and it is not income that you claim--instead it is income that is claimed to your minor, as you are merely the party who manages the funds, but not personally receives it. This is taxable income to the minor, and not to you.

Good luck!

Customer: replied 1 year ago.


Thank you so much for your response because for the past year that I have been filling out Financial Stements, I have been using what my son collects as an SSDI benefit, as part of my income.

Expert:  Dimitry K., Esq. replied 1 year ago.
You are most welcome, truly! Glad to assist you!

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