Legal Question in Family Law in Indiana
Fraud during mediation
After the mediation agreement was signed I had found that my estranged spouse had lied about his income as well as withheld income information. I refused to sign the waiver allowing it to go to court. His attorney file a motion to enforce the mediation. My attorney said there was nothing i could do to have it overturned. I have the documents showing his income is twice what he reported and the hidden income he didn't claim as well as paying down debts before mediation but claiming they were still just as high to show his debt to income ratio to be fair. What can I do to have this mediation agreement overturned?
1 Answer from Attorneys
Re: Fraud during mediation
It depends on what is in the agreement. Since I do not have the agreement to read, I cannot say if you have any recourse. There is case law that says once a mediation agreement is signed that it is over. From what you wrote I would think that there is a fraud issue which undermines the agreement but if your attorney is not mvoing to set aside the agreement I have to assume that there are some facts which you have not mentioned.