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Massachusetts. Divorce settlement last Friday. My wife

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Massachusetts

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divorce settlement last Friday. My wife provided fraudulent financial and criminal information to the probate court.

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Customer reply replied 4 months ago
Help is needed. Does anyone know the proper title of the motion that needs to be submitted to notify the judge fraud has been committed during the negotiation of the divorce settlement? I did not want to sign it because they had a sentence that made me attest there was no fraud. They said they would strike the sentence. But, then the judge asked me if fraud was committed on her financial form, and I said yes. My attorneys took me out into the hall and told me to say no. So, I said no. This is not right. I want to tell the judge she is misleading the court.
Answered in 1 day by:
3/7/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,685
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you! First you need to specifically identify what information is fraudulent. You then want to file a Motion to Compel. What you are asking for is proof of the fraudulent information. She will be required to prove the veracity of the information she has represented to the court.

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Customer reply replied 4 months ago
She testified I assaulted her, that gave her a restraining order and child support. I have the proof she is lying. She will not provide that. I hope that is okay.For the past year, she was living in the house we formally owned together. The mortgage is paid off. When she submitted her financial statement, she showed $500 in her account. With her salary and my $1200/month of child support coming in, she is hiding the money somewhere. I noticed from our joint account she is making large cash withdrawals. This information she should be able to supply.Thank you telling me about the motion to compel. May I put in the evidence she is lying about the assault and battery?Thanks,
Chris

Ok what you want her to produce to the court is copies of the bank statements showing the large cash withdrawals. She will have to explain to the judge what they are. Trust me, judges do not like people who try to hide money from the court. This is a common. Since it is a joint account you do not have to get the statements from her, you may submit them to the judge yourself.

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Customer reply replied 4 months ago
She has a second account. She only listed one account on the financial form, but there are actually two. And she showed round numbers for her retirement accounts. I had to put exact numbers. So, I will supply the statements I can get to and ask her to produce her account.
Thanks,
Chris

You may request she provide the statements for her retirement account as well as the second bank account.

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Customer reply replied 4 months ago
The settlement agreement was signed. Can we adjust the affected sections, or do we renegotiate the entire (short) agreement.

No you may adjust specific sections and not the whole agreement.

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Customer reply replied 4 months ago
Do I request that in the motion, or is that negotiated in court at the hearing?

The Motion to Compel is only to request information such as the retirement account and bank statements. You will have to file a Motion for Modification to modify the specific sections that need to be changed.

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Customer reply replied 4 months ago
I assume I wait for the results of the Motion to Compel before submitting the Motion for Modification? Thank you very much for you help so far. I was way off.

That is correct. Once you have the correct information, you will be able to know what specifically needs to be modified.

Jessica B
Category: Family Law
Satisfied Customers: 1,685
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
Attorney Jessica,Thank you very much for the help. I will give it a go. Five stars for you!Best Regards,
Chris

Thank you so much! Please let me know if I may be of help in the future.

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