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My attorney just informed me that my ex-husband fraudulently

negotiated and entered into agreement...
My attorney just informed me that my ex-husband fraudulently negotiated and entered into agreement, with all parties signatures, at mediation settlement that preceded 1) the finalization of the divorce, 2) his retirement from his employment ( which he did months after the mediation settlement agreement and one day prior to the meeting with the Friend of the Court when the Child custody ans support issues were originally determined) and 3) the meeting with the Friend of the Court.

In the divorce settlement, he fraudulently negotiated down the percentage of his pension that would 1) be paid to me when he retired and 2) be paid to me upon his death. This is also written in the finalization of divorce papers and legally signed by him and all parties, again. The "fraudulence" done knowingly by him lies in the fact that he "checked off the box" in his pension fund paperwork, knowingly, that he was a single, unmarried person, which apparently directly affects and negates disbursements that he fraudulently negotiated and signed for me to receive. Now, according to my attorney, he is not allowed to go back and change his selection by his pension fund manager etc..

Can 1) he be taken to court for his obvious fraudulent activity, which was done during the "good faith" mediation settlement agreement with a private mediator, 2) the cost incurred by me for the mediation in which he conducted and fraudulently participated and settled in agreement be court ordered for him to be reimbursed to me, 3) the settlement be revised by a court order since he entered into it fraudulently and 4) the cost of having to take this current issue, I.e attorney fees, etc., due to his fraudulence?

Additionally, what redress options do I have in a revised settlement agreement since he is not allowed by his pension fund manager to change is obvious "lie" that he selected, I.e. that he was "single."

Please advise. I have sole physical custody of both children, whose ages are three and six years of age. He is limited in joint legal custody in that he only has access to the children's medical and educational records. He has consistently negated court ordered instructions on several issues.

I am a military officer and mother, who has watched as my ex-husband has continuously and consistently manipulated the legal system. Please advise, help and give me some insight as to what. An be done with this current issue.
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Answered in 3 hours by:
2/1/2012
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 43,512
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RayAnswers :

Thanks for your question and good morning.

RayAnswers :

You certainly have the right here to file a motion for contempt here through your lawyer.You would seek jail and fines here for his intentional acts.The court may also award you additional property or otherwise deal with matter equitably to ensure that this is resolved fairly.That might involve say cash to you or him being ordered to pay you monthly amounts or whatever remedies your lawyer can propose.Certainly you should pursue this as you deserve no lees in all of this.

RayAnswers :

And you can show that he intentionally tried to cheat you and disobeyed the court in these matter.The court may also put him in jail and fine him for his actions in this situation.

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

RayAnswers :

Reference to Contempt

RayAnswers :

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


 


 


 


Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.


 


 


 


­­­­­­­­­­­­­­­­­­­­­­­­­­---------------------------------------------------------------------


 


Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

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