How Can You Prove Fraud in a Massachusetts Child Support Modification Order?

One of the more common problems that can affect Massachusetts divorce cases is a lack of financial transparency between the parties. In order for any final divorce judgment or settlement to be effective, each person must rely upon the other’s disclosures with regard to income and assets. When one side feels the other is not being upfront and honest, that can lead to allegations of fraud.

Appeals Court: Mother Waited Too Long to Allege Father’s Fraud

Once a divorce is final, however, it can be difficult for a spouse to prove fraud allegations after the fact. A recent decision from the Appeals Court of Massachusetts, Hinkley v. Guntor, provides a case in point. This particular case involved a court-ordered modification to a father’s child support requirements following a divorce.

The divorce itself became final in 2007. Over the next 12 years, the parties sought and received several modifications with respect to the father’s child support obligations. In 2018, the father again sought modification. Specifically, he asked the court to reduce his child support payments due to his expected retirement from the military and loss of a civilian job. In support of his request, the father filed several financial statements with the court.

The father and mother eventually entered into a negotiated settlement regarding the father’s child support obligations moving forward. The court approved this settlement in April 2019. Two years later, however, the mother filed a new complaint, alleging that the 2019 settlement was the product of fraud. She maintained the father provided “fraudulent statements” in support of his 2018 modification request, and as such the court should undo the agreement.

The judge declined to do so. While acknowledging the father’s financial statements “did not set a high-water mark for accuracy,” they did not amount to “deliberate and calculated” misconduct intended to “defraud” the mother or the court. Not only did the judge therefore deny the mother’s petition, he ordered her to pay the husband’s legal fees incurred in defending against the fraud allegation.

The Appeals Court upheld the judge’s decision. Critically, the higher court said the mother waited too long to bring her fraud allegations. The applicable court rule required her to bring a fraud challenge within one year of the challenged order. Here, the mother waited two years. As such, she could only bring a late challenge if there was evidence that the father engaged in misconduct that was “manifestly unconscionable” or constituted a “grave miscarriage of justice.” The father’s alleged inaccurate financial statements simply did not rise to this level of misconduct.

Contact a Peabody Child Support Modification Lawyer Today

It is critical when negotiating any potential settlement agreement with an estranged spouse to provide complete and accurate financial information in order to facilitate the process. Do not assume that you will be able to go back once a judgment is final and raise questions about your ex’s actions. If you need legal advice or representation from a qualified Peabody modifications lawyer, contact Reade Law Firm, P.C., today at 978-767-8383 to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=14879070171834847448