Post decree child support modification

Asked over 1 year ago - 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)

  1. David M. Rich

    Pro

    Contributor Level 15

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    Answered . 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@flatironlegal.com. Dave Rich is an attorney licensed in Colorado.... more
  2. Luke D. Kazmar

    Pro

    Contributor Level 14

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    Answered . 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,... more

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