Hidden Assets

[NeverGiveUp]

Soc,

I have recently discovered a box filled with pre-divorce bank statements and expense vouchers submitted by my ex to companies she worked for prior to our divorce.  Upon further investigation I found a check my ex wife wrote to herself, from our joint account to an out of state account in her name. This account was never disclosed.  I called my bank and obtained monthly statements for the 2 years pre-divorce and this is what I’ve found:
-The expense vouchers add up to a large sum, ~50K.
-The expenses, usually for business travel, were charges to a credit card and then paid for from our joint account.
-I can find no evidence of these business expenses being deposited back into our account even though they were reimbursed by the companies.
-There was a large (8K transition) at one point from our account to an account in her moms name.

I suspect that the expense reimbursement checks were sent someplace else. Possibly the moms account, but no way of knowing for sure. There was a safe deposit box that she revealed but of course stated there was nothing in it (yea right).

Some relevant notes may be, the x began the process of purchasing a home before the divorce was complete. I’m sure there was a incentive to portray a good asset and credit standing to get financing. I’ve never seen this information though.

So my questions are:
1)It’s coming up on 2 years since the divorce was granted and signed by a judge. Is it too late to go after funds that were not disclosed?
2)If yes to #1 then we can drop the rest.  Otherwise, What can I do to get the information I need to prove this?  Can I have copies of the expense checks from the companies she worked for subpoenaed, and/or find out if they were deposited in another account?
3)Can I get a copy of the loan application she applied for since we were still married at the time? (The loan was granted)
4)I truly don’t know where to begin, anything you can offer would be a great help.

[socrateaser]

>So my questions are:
>1)It’s coming up on 2 years since the divorce was granted and
>signed by a judge. Is it too late to go after funds that were
>not disclosed?

Depends on your State's laws -- so I don't know. But, assuming that you can, a final judgment may generally be set aside by the court upon a showing of fraud, duress, mistake, or unfair surprise, if the you can show that you could not have found the evidence during the course of litigation using due diligence and the legal discovery tools.

In short, if your ex lied to keep you from knowing about income that she ordinarily would have had to tell you about, and you had no other reasonable means of dicovering the lie, then you can probably have the judgment set aside and a new judgment entered. If you should have reasonably been able to discover the fraud, or the account statements, etc., then the original judgment will stand.

Usually, winning one of these things means a pretty severe penalty for the defrauding party, i.e., you get all of the money not disclosed.