Falsified financial affidavit


#1

Since settling with my husband, I have discovered he filed a false Financial Affidavit in regard to his income, which was actually nearly ten times the monthly amount he represented to the court in his affidavit.

I’d like to set aside the settlement and re-nogotiate the terms based on this newly-discovered information, as I initially settled based on the information provided by him in the Affidavit.

What can I do in this regard?


#2

It is very difficult to set aside a separation agreement. If you included a disclosure paragraph, then no part of the SA should be set aside. Otherwise, that should be the only issue revisited, if at all. You’ll need to check your SA and see if there is a paragraph that specifically stated each of you was satisfied with the disclosures given by the other.

If there is no such paragraph, or you can prove that he knowingly lied on his financial affidavit, then you can file a motion to set aside the agreement.