Civil Conspiracy in Divorce Actions

Civil Conspiracy and Civil RICO in Divorce Actions – Family Law Reader

I. Introduction

There is little question that fraud in procuring a settlement agreement can justify setting aside the agreement and judgment. E.g., In re Marriage of Modnick, 33 Cal. 3d 897, 191 Cal. Rptr. 629 (1983); Compton v. Compton, 101 Idaho 328, 612 P.2d 1175 (1980); Anderson v. Anderson, 399 N.E.2d 391 (Ind. Ct. App. 1979); Daffin v. Daffin, 567 S.W.2d 672 (Mo. 1978).

Fraud in procuring a settlement can also be the basis for an independent tort action. Hall v. Hall, 455 So. 2d 813 (Ala. 1984); In re Benge, 151 Ariz. 219, 726 P.2d 1088 (Ct. App. 1986); Dale v. Dale, 66 Cal. App. 4^th1172, 78 Cal. Rptr. 2d 513 (1998); Den v. Den, 222 A.2d 647 (D.C. 1966); Oehme v. Oehme, 10 Kan. App. 2d 73, 691 P.2d 1325 (1984); Burris v. Burris, 904 S.W.2d 564 (Mo. 1995); Carney v. Wohl, 785 S.W.2d 630 (Mo. Ct. App. 1990); Hess v. Hess, 397 Pa. Super. 395, 580 A.2d 357 (1990). See also Vickery v. Vickery, 1996 WL 255755 (Tex. Ct. App., December 5, 1996) (wife awarded $9 million against husband for fraudulently procuring divorce and marital settlement agreement, and $450,000 against husband’s attorney),affirmed over dissent in light of Schleuter v. Schleuter, 975 S.W.2d 584 (Tex. 1998),Vickery v. Vickery, 999 S.W.2d 342 (Tex. 1999). See generally, Robert G. Spector,Marital Torts: The Current Legal Landscape, 33 Fam. L. Q. 745, 757 (1999); Cary L. Cheifetz, The Future of Matrimonial Torts: The Unmapped Landscape, 15 Fair$hare 4 (August 1995). The courts are especially harsh with spouses that commit fraud who are attorneys. Anderson v. Anderson, 399 N.E.2d 391 (Ind. Ct. App. 1979); Scholler v. Scholler, 10 Ohio St. 2d 98, 462 N.E.2d 158 (1984); Webb v. Webb, 16 Va. App. 486, 431 S.E.2d 55 (1993).

The concealment of marital assets during the divorce proceeding has also given rise to tort actions. Swain v. Swain, 576 N.E.2d 1281 (Ind. Ct. App. 1991); Garrity v. Garrity, 399 Mass. 367, 504 N.E.2d 617 (1987). But seeBeers v. Beers, 724 So. 2d 109 (Fla. 5^th DCA 1998); Nederlander v. Nederlander, 205 Mich. App. 123, 517 N.W.2d 768 (1994); Smith v. Smith, 113 N.C. app. 410, 438 S.E.2d 457 (1994); Schleuter v. Schleuter, 975 S.W.2d 584 (Tex. 1998); Gardner v. Gardner, 175 Wis. 2d 420, 499 N.W.2d 266 (Ct. App. 1993).

Spouses have even been successfuly in asserting violations of securities laws. Evans v. Dale, 896 F.2d 975 (5^th Cir. 1990). But see Head v. Head, 759 F.2d 1172 (4^th Cir. 1985); McHugh v. McHugh, 676 F. Supp. 856 (N.D. Ill. 1988); d’Elia v. d’Elia, 58 Cal. App. 4^th 415, 68 Cal. Rptr. 2d 324 (1997).

But what can a spouse do when a third party or parties conspires with a spouse to hide marital assets? Is there a cause of action against the third parties? Increasingly, some spouses have been turning to civil conspiracy and Civil RICO.

American Family Courts and 1st Amendment violations of free speech

Part II — A Voice for Men

The tyrannical nature of Family Courts and their impact on fathers and children

Guy Mann recently penned his observations on the tyrannical nature of Family Courts and their impact on Fathers and Children.

Here we bring you the second and final part of his exposé.  ~ Via American family courts, the First Amendment, and violations of free speech: Part II — A Voice for Men

Fathers for Equal Rights! #FatherlessDay

http://www.facebook.com/events/1301235423269917/

Know Your Parents’ Constitutional Rights Protect Your Family

Protect Your Family~Know Your Rights: Conflict in Parents‘ Constitutional Rights
PARENTING AS A PROTECTED CONSTITUTIONAL RIGHT

(*See Note a bottom of page)

When you read the above document; and my reply below, please consider these points:

• Is there a “Balance” between Parents’ Rights & Children’s Rights?
• Are Laws Really Needed to Guide us in Raising Our Family?
• When you Defend your Family, why is it so important to know the Statutes for Your State, particular to your concerns?
• We must become an Advocate, and yes, admit to ourselves there is indeed conflict, corruption, biases, etc in our government.  And then most importantly say OK, and ask ourselves, in knowing this>> “What are We going to do about it to Protect Our Families?? 

in an effort to present ALL the story of Conflict in Our Constitutional Rights:

This is indeed some good reference material for supporting the principle of “Due Process” in our Family Court system. A principle not currently in place in our Family Court.

I hope those supporting the Parental Rights US Constitutional Amendment have used this as a Reference.

See more on this Amendment>>http://nfpcar.org/Rights/index.htmAn Amendment which is in battle with the UN Children Rights Proposal. And, to date, the US hasn’t accepted this Proposal.

“The United States government played an active role in the drafting of the Convention_on_the_Rights_of_the_Child and signed it on 16 February 1995, but has not ratified it.^[1]” 

Of course, then there is CAPTA. Sarcastically, I always add “New and Improved”

So many conflicts that challenge our Rights as Parents for Our Children.

“Sometimes it just takes one small voice to make a world of difference…
I challenge you to be one of those voices”

• *Note: PARENTING AS A PROTECTED CONSTITUTIONAL RIGHT was authored by a civil rights attorney, as an argument in a case for a parent’s rights. Currently it should not be using this argument at all (it is not a formal document, or is it a published article, just a part of someone’s case). It is to show what a civil rights attorney wrote about parental rights, which is not one of our amendments, or BILL OF RIGHTS, as parental rights are implied in the 17th amendment.
  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
  May you find Strength in Your Higher Power,
  GranPa Chuck
   
• Check Out Our Collectibles
  >> http://rscrapz.com
   
• My Family Rights Affiliation >>http://nfpcar.org/FPA/emails/Current.htm
   
• Defend Yourself
  >>

Source: Protect Your Family~Know Your Rights: Conflict in Parents’ Constitutional Rights

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