What is the name of your state? Florida
The final judgement was ruled on and received after the hearing of child support issues. The ruling also included agreements by both parties not adjudicated. Recently I have discovered misrepresentations by the ex in the provisions she requested (and I agreed to) regarding methods used to value assets. Without going into lengthy details, she requested distinct and different valuation dates and methods for one of her assets by inferring it was somehow unique from all others of both parties. It is not unique and the provisions she requested are contrary to the Florida Statutes and in contradiction to the Internal Revenue Code. The proof is in black and white, and there is no alterative conclusion possible.
There are also verifiable instances of financial statement fraud in not reporting the correct values and/or amounts at the date of separation. Again, this portion of the divorce was setttled in an out-of-court agreement between both parties.
The Circuit Courts ruling on the child support issue was appealed to the Apellate Court and affirmed/sustained.
Florida law does not have a statute of limitations with regards to fraud in marital type cases. My question is: Do I file a Motion for Relief of Judgement or Motion for New Hearing/Amendments? I assume the filing would be with the Circuit Court, but am not sure of the consequences of the appeal. Punitive damages may be requested in both motions, but do they need to be requested immediately or may they be requested after the original motion has been filed?
Thanks in advance, your comments are very much appreciated.What is the name of your state?
The final judgement was ruled on and received after the hearing of child support issues. The ruling also included agreements by both parties not adjudicated. Recently I have discovered misrepresentations by the ex in the provisions she requested (and I agreed to) regarding methods used to value assets. Without going into lengthy details, she requested distinct and different valuation dates and methods for one of her assets by inferring it was somehow unique from all others of both parties. It is not unique and the provisions she requested are contrary to the Florida Statutes and in contradiction to the Internal Revenue Code. The proof is in black and white, and there is no alterative conclusion possible.
There are also verifiable instances of financial statement fraud in not reporting the correct values and/or amounts at the date of separation. Again, this portion of the divorce was setttled in an out-of-court agreement between both parties.
The Circuit Courts ruling on the child support issue was appealed to the Apellate Court and affirmed/sustained.
Florida law does not have a statute of limitations with regards to fraud in marital type cases. My question is: Do I file a Motion for Relief of Judgement or Motion for New Hearing/Amendments? I assume the filing would be with the Circuit Court, but am not sure of the consequences of the appeal. Punitive damages may be requested in both motions, but do they need to be requested immediately or may they be requested after the original motion has been filed?
Thanks in advance, your comments are very much appreciated.What is the name of your state?