Legal Question in Family Law in Georgia

I found out my ex lied about several IRA accounts. For whatever reason we never received any paper verification of his accounts. I remember even asking my attorney to make sure we received the updated amounts as I knew he had more than what he was showing on his spreadsheets. He only provided a spreadsheet during mediation. I have found the statements that show how much was in those accounts. I do not really want to dredge up anything with him but the amount of money that he lied about is significant (over $150k more than he disclosed) I have three children, the older two he raised as his own but always had an excuse for not adopting, then when we divorced (bc he physically attacked my oldest) he suddenly would do nothing for my older two. So now we have been struggling as I have been disabled since before our divorce and am becoming increasingly worse. He is an extremely manipulative, narcissistic man, so I need to tred carefully. The divorce was over 3 years ago, do I have any legal recourse?


Asked on 5/13/14, 1:37 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

A complaint in equity may be brought to se aside a Final Judgement and Decree for fraud, accident or mistake unmixed with the negligence or fault of the complaining party. The action may be brought in Superior Court but, must be brought within three years from the date of the Judgement. SO the answer in your case is no because (1) you waited too long and (2) your failure (or your attorney's) to do proper discovery is blamed on you as you could have gotten the bank records easily.

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Answered on 5/13/14, 5:22 pm
Tahira Piraino Tahira P. Piraino

I am not sure why you would trust a spread sheet. I do not mediate without supporting documentation. If it is over 3 years since the decree, I do not believe you can set aside the judgment. I would have the decree and agreement reviewed by an attorney prior to making a decision on whether or not you have an avenue to proceed.

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Answered on 5/18/14, 12:28 pm


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