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Post decree child support modification

Thornton, CO |

The respondent in my case, I just recently discovered committed fraud. What is the procedure for filing a case of fraud after the case? Can I request that documents be provided from the respondent's attorney? Do I have to file the motion first then request documentation? The respondent provided false documents on his own can I require that I receive the documents directly from the source instead since the respondent has provided false/altered documents?

Attorney Answers 2


You can file a CRCP Rule 60(b) motion for relief from judgment for fraud to have the court revisit the ruling. You then can request documents that prove the fraud, but you generally would need to file the motion first. If you use an attorney and prove the fraud, you likely could get your fees paid for having to re-open the case. I hoper this helps.

You can reach Dave Rich at (303) 886-2516 or Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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CRCP Rule 60(b), which has an equivalent in other states, does provide for vacating such motion. Of course, the difficulty will be in obtaining necessary evidence.--expect a wall of opposition in the form of objections. Plus they will likely attempt to dismiss your petition for the outset--claiming you are on fishing expedition.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

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