In order for fraud to be proven the divorce must be invalidated and the child support likewise invalidated. The only problem is that neither the creditor nor the DA have any legal standing in divorce cases. Without invalidating the divorce there is no fraud. Even if you could have a judge open the divorce case to invalidate the case both sides need to be heard in order for a ruling to be made.
With the courts backed up due to covid it may take years until a hearing is made in this divorce case.
Mean time the clock is running out on your fraud case, assuming this is a felony case you have 3 years from the date the husband filed for divorce to bring the case. I have a friend who gave his son-in-law money for a down payment. The seller backed out of the sale and the money wasn’t returned. He sued both in a din torah and civil court won both times could collect referred the matter to the Ocean County DA’s office in NJ got nowhere.
Menu