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Could this be marital fraud? Special needs son

Last post 06-16-2008 6:31 AM by Divorce. 1 replies.
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  • 06-15-2008 9:30 PM

    • Gloria
    • Top 50 Contributor
    • Joined on 06-13-2008
    • Points 23

    Could this be marital fraud? Special needs son

     I divorced my ex-husband and was awarded custody and permission to move out of state. 

    I left the west coast to drive back to Minnesota and my 7 year-old was shot in a random act of violence while we were in a tourist shop.  My child survived and recovery took a while. My other child, 3 yrs old, had night terrors for years afterward and was later diagnosed with high functioning autism. My career was jeopardized due to lack of daycare for my son--eventually worked from home as writer/ editor, but at a loss of salary. (I made more than ex at time we met).

    My ex then moved back to MN, but was abusive again, charged, and required to parenting classes etc., later had his record expunged. Then I got cancer and complications--treatment & recovery took a long time. Ex moved out of state 5 years ago. Sold my home and raised the kids on that as my share of child support. I'd originally been awarded $250 in spousal maintenance for 2 years, but didn't have it modified/extended because I was doing okay until sick.

    Physically recovered but can't, however, find employment to support myself. I work pt/no benefits and can't get back into a corporate job due to checks show medical bills, problems etc---and can't very well explain it by going through the series of events outlined here.  I'm 55.

    My ex's household income is about 400K. We've had extreme circumstances. Can I modify spousal maintenance? Does my son have support rights at all that could be modified due to his autism? I worry what will happen if I die etc. Was it illegal for my ex to have refused to have either of his children for summers, holidays, etc. while I was getting chemo etc.? He said he wasn't legally obligated, that NC are only given the option to see their kids but aren't required.

    Regarding fraud, my ex took a large sum of money from our joint account before I filed for divorce using an ATM card in my name I didn't know he had. Ex misrepresented himself before marriage--does this constitute fraud?   

    Sorry for the length. Thank you. 


    • Post Points: 9
  • 06-16-2008 6:31 AM In reply to

    • Divorce
    • Top 10 Contributor
    • Joined on 11-09-2007
    • Points 696
    • Staff

    Re: Could this be marital fraud? Special needs son

     

    First off how long was the divorce, I have several blogs I have wrote about fraud in a divorce and reopening a divorve case....researching a few lawyers is important, so start doing that, so who most wants your case and read my blogs on researching.  In a lot of cases, if you win, your ex has to pay the lawyer fees, not always, but in a couple cases I have researched info, this has happened, so that is one of the things you need to talk to your lawyer about.  Second, you should be able to get more support, along with your children, that should not be question, in the information I have also read.  Third, have you also looked into any disability, because you can not find a job, something you also need to talk with your lawyer about. 
    Shoot for the moon, even if you miss, you'll land among the stars.
    • Post Points: 2
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