My question is whether or not I can file a Motion to Vacate based on the attorneys on both sides committing fraud upon court? My case is complex. It's regarding my divorce
trial and I'll hit the high points. Prior to entering the courtroom and the start of the trial my attorney told me he and my ex-wife's attorney would meet mid-day with the judge to see how he was leaning regarding maintenance. The first half of the trial involved my ex-wife lying under oath and her attorney presenting multiple lies about me while my attorney sat silent. The attorneys then met with judge and after the meeting my attorney told me the judge was leaning towards awarding 50-60% of my gross as permanent maintenance. Adding 30% for taxes that did not leave me much to support my son, who I had custody of; myself; and pay my sons’ education expenses. My attorneys told me I could proceed with the trial and risk the judge awarding 50-60%, which I could appeal, but the appeal process was long and I risked having to pay attorney costs for both sides. Or, I could negotiate a settlement and not go through with the trial. My attorney sat silent as I negotiated a settlement that provided 37.5% of my gross as maintenance +35% of gross of my bonus. During the recitation of the judgment by ex-wife’s attorney he threw in 35% of gross on stock options and that I had to start paying maintenance 4 days later and pay all martial home expenses. Again my attorney sat silent. This left with a negative $1000/month cash flow walking out of the courtroom.
Two weeks later, after regaining some strength I contacted another attorney who filed a motion to vacate. In the first hearing my ex-wife’s attorney admitted I was told the judge was going to award 50-60% of my gross as permanent maintenance. The judge later denied the motion to vacate and stated in the order he never said he was going award 50-60% of my gross. That judge has since been reassigned to a misdemeanor court and then reassigned from there for telling attorneys in writing that his sentencing strategies for blacks are based how they dress and their attitude.
I filed an appeal based on the judgment being unconscionable and obtained through duress and fraud based on attorneys telling me something the judge never said. The Appellee’s brief was struck because it violated Supreme Court rules. It contained multiple lies, which were not addressed because it was struck. The Appellate Court then recommended waiving oral arguments since they had enough information to make a decision. That was not contested since the Appellee’s brief was struck. The lower judgment was upheld, but the Appellate Court copied text directly from the stricken brief, the failed to mention the judge’s order stating he never said he would award 50-60% of my gross, they failed even acknowledge the financial devastation I was put in for 15 months until my house sold. They failed to acknowledge I had no money to support my dependent son and that I was responsible for education costs. We ate on credit. I borrowed then took out new loans to pay old ones. The Appellate Court said the fraud should have been addressed in the lower court.
Hence, my question can I file a Motion to Vacate based on the attorneys committing fraud upon the court which my understanding has no time limitation. It’s been close to two years since the trial.