Found an issue on this page? Let us know and we will look into it as soon as possible.
Child support
Anonymous4 views3 answers
My husband and I separated 2 years ago and I file for child support then we went to mediation of a few weeks ago and they ordered him to pay an amount he lied about the income that he actually makes he makes more than what he said how do I go about letting the judge know he makes more than what he actually says because he also appealed the final order can I have no money to hire counsel
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
If you agreed to child support at mediation, based upon fraudulent misrepresentations contained in sworn financial affidavits, then you may be able to set aide the mediation agreement. Setting aside a mediation agreement based upon fraud is very difficult and complex and no a do it yourself project. You need to hire an attorney quickly to deal with this for you.
You can find highly rated family lawyers using the "Find a Lawyer" tab on 's website. Please let me know if this answer was helpful by hitting the helpful button. Good luck.
I agree with Mr. Feuerstein. Final Judgment can be set aside based on Fla. R. Civ. P, 1.540(b) which states, in relevant part:
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.
On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
Notwithstanding, proving that your husband lied and/or submitted a fraudulent financial affidavit can be very difficult as it typically requires locating hidden assets, hidden income streams, etc. What is the basis of your statement that "he lied about the income?" You will definitely need an attorney; very difficult to prove the fraud, etc. Good luck.
