Legal Question in Family Law in Virginia

property settlement agreement fraud

hello, about 12 years ago, I received a final decree of divorce from my ex, but there wasn't a meeting of minds with the property settlement agreement. Somehow, the last page with my signature was kept and much of the agreement was altered and property was omitted. I walked away with nothing except our adopted son which I had full custody. For the past 12 years we have struggled financially while this man runs a sucessful business. Due to illness and severe depression, I never took the matter back to court because my well being was my main priority since there were several threats to do bodily harm to my small child and I. But in that agreement, it took away my son's right to child support and my right to spousal support. The agreement omitted the marital home and assets from the family business. While trying to get disability, I collected welfare over the past 10 years and now they're trying to collect from my ex. I get a small social security disability check now and a small amount for my 16 year old son but child support would really help out. CSE is taking him back to court and all he can say is that he doesn't have money. I'm only allowed a certain number of characters to ask my question but do I have a case? Thanks.


Asked on 1/04/09, 5:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: property settlement agreement fraud

Yes, as long as your son has yet to graduate from high school or is under 19 years of age, you could sue your former husband for current child support (no matter what the divorce decree says) and which should take precedence over DCSE's attempt to establish and collect arrearages which may be due the Commonwealth as reimbursement for the public funds which you received over the past 10 years for the support of your son.

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Answered on 1/05/09, 12:08 am


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