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.