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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Nebraska Law- the statute of limitations for property settlement

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Nebraska Law- the statute of limitations for property settlement in NE is 2 years. I was divorced 12-20-2010. In october of 2011, my ex forged my signature on the 2010 taxes that the courts ordered be filed joint, even though it is against Federal Statutes to do so (taxes were in extension for 6 months). He also committed tax fraud in my name with phony numbers reported. The Nebraska courts also gave him my custodial (100% custody) deduction, and I do not believe I signed a form 8332 giving him permission to take my deduction, that is again, against IRS, publication 501. So, in August of 2012, I discovered large sums of non-disclosed cash, a non-disclosed corporation, fraud in a 1.3 mil distribution that we were to split. In march of 2013 i discovered fraudulent salary was used to calculate child support, and more large sums of non-disclosed money. I need to know, that the 2 year statute of limitations does NOT limit me being able to modify the divorce decree and get what is LEGALLY mine. I spent 8 months trying to get an NE attorney to help, and because it was all to complicated due to the tax issues, NO one would help me. I need to know that the Statute of Limitations in NE property settlement will NOT prevent me from going after and getting what is mine. I believe the courts errored in granting Joint tax return filing and giving him my deduction for my child. Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

While you are saying the statute of limitations is 2 years, fraud is grounds to file outside of the 2 year limitation because it actually runs 4 years from date of discovery. Thus, I do not know why the attorneys are telling you that there is a statute of limitations issue if you have proof of recently discovered fraud. Also, it is illegal into forge any signature on a tax document and that needs to be reported to the IRS and you also need to file a tax fraud claim if he filed false numbers and ask for protection under the innocent spouse rule since you never signed the forms and he forged your name.

Why you cannot get a local family law attorney to help you I am surprised by, since if you have the evidence you claim to have they should be more than willing to take the case and if you prove the fraud you can even get the court to award you your attorney's fees as well.
Customer: replied 1 year ago.

Is a good question why NE Family lawyers do as they do. I have lots of evidence discovered 4 months prior to the statute running out. NE lawyers say so "much of the fraud (about half) is tax related, and we cant help you, get a tax attorney. Tax Attorneys say "I cant help you, get a Family law attorney! Frustrating to say the least, as I am about ready to file my own complaint with the courts and advertise his due process in the paper for 3 consecutive weeks. I just need to know, that this 4 years your are referring to, applies to NEBRASKA PROPERTY SETTLEMENT agreements. My own due diligence has gotten me the forged e-filing pages and the fraudulent numbers for a 1.3 mil distribution, as well as the rest, which was HARD due to privacy laws.


I know how to file a complaint and will learn the Nebraska Rules of Civil Procedure.....but after that? I am without much knowledge to fight the "HIGHEST PAID BEST WHITE COLLAR FRAUD ATTORNEY" in Omaha, that my x has coming after me, to RID me of my alimony after 25 years in an abusive marriage. Thanks for responding, if you can locate any NE Statutes that are absolutely 100% applicable to PROPERTY SETTLEMENT AGREEMENTS (fraud and statute of limitations) in NE, I will be forever grateful!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

The 4 years is based on discovery of actual fraud. It is still 2 years on a property settlement agreement, but fraud, as I said above, stays the statute of limitations and is always a ground to bring up the change as long as it is raised within 4 years of discovery of the fraud. Fraud has to be specifically plead in your action and it has to be described in detail.
Customer: replied 1 year ago.

Cool- I can do that - NO problem! Thank you so much, you have made my DAY, forever and ever!


 


Thanks

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Furthermore, NE Section 25-207 provides in pertinent part, "The following actions can only be brought within four years: ... (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property...." Thus, on a personal property settlement action can be brought within 4 years as well. See: Manker v. Manker, 263 Neb. 944, 644 N.W.2d 522 (Neb., 2002). Generally, a period of limitations begins to run upon the violation of a legal right, that is, when the aggrieved party has the right to institute and maintain suit. See: Reinke Mfg. Co. v. Hayes, 256 Neb. 442, 590 N.W.2d 380 (1999).


Equity is not a rigid concept, and its principles are not applied in a vacuum. Equity is determined on a case-by-case basis when justice and fairness so require. Equity may be used under appropriate circumstances, and equitable principles may prevent one from asserting a particular defense when it would be unfair or unjust to allow that person to do so. The doctrine of equitable estoppel may be applied to prevent an injustice or a harsh and unfair result. A claim of equitable estoppel rests in equity, and in an appeal of an equity action, an appellate court tries factual questions de novo on the record and reaches a conclusion independent of the trial court. See: Manker quoting, State ex rel. Neb. Health Care Assn. v. Dept. of Health, 255 Neb. 784, 587 N.W.2d 100 (1998).

Thus, it appears under the NE case law you have 4 years to challenge a property settlement as this property settlement deals with your personal share of property from the marital estate and such statute of limitations runs when you discover the fraud.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88678
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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