Can I Lower Or Terminate Alimony Payments Based On Fraud?

Question:

I waived my right to alimony in our divorce settlement, but after reviewing the financial settlements my ex-wife filed with the court I found them false and exaggerated.

She lied about her expenses and concealed her checking and saving accounts balance. Now, I have a reduced income due to cutbacks at work and am in financial trouble.

What can I do to lower or terminate my alimony payments based on fraud and reduced income?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana alimony laws where I am licensed to practice.

If you believe information was purposefully hidden or was not disclosed after it was requested, then you may be able to pursue re-opening the marital estate based on a fraud claim.

You could present evidence on the distribution of property and your proposal for an equitable division if the excluded property were included.

Reduced income may be a basis to modify your alimony obligation. However, if the court finds that you voluntarily and knowingly waived your right to alimony, the court will likely hold you to the benefit of that bargain and not allow you to now seek alimony from your former spouse.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.