What is the time limit on fraud? My husband lied in court and to his pension evaluator. Who he hired to evaluate are pension. I was told I should sue him for fraud. I discovered something was wrong !/24/2000. I was told I have 6 years. is this true?. If so, I will need a good attorney in my area. My husband only gave the evaluator what he wanted the man to have. The pension amount came to $23,000.00. But when the same evaluator was given the correct information. The pension was $415,000.00
2 Answers from Attorneys
If your husband lied in Court, you might also bring a perjury charge if you can prove he lied. This might also be an appropriate case for fraud and modification of your divorce decree based on perjury and false representation.
Important questions: How old is the decree? What county is this in? Did he file a financial declaration with the Court?
Assuming your former husband intentionally misled his evaluator and as a result intentionally misled you and the court, it may be deemed fraudulent activity. If so, you may best be served by asking the divorce court to modifiy or set aside the previous decree based on this fraud. At the same time, I would suggest that you have very compelling evidence before doing so. The court is not likely to take such an allegation lightly and would no doubt act appropriately if fraud is determined. A side from how this may change the division of assets it may subject your former husband to contempt and possibly a charge of perjury. If you wish to discuss this issue on a more confidential level, you may contact me by email at Tambasco@tambascolaw.com or at 317 686-0000