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/

Dr. King’s famous “I have a dream” speech was about being a father

What MLK Taught Me About How to Be a Dad

“We don’t take black money.”

Those were the cruel words my father-in-law, Dr. Little, heard when he was a young man at a public golf course in 1959.

“Good,” he responded. “Because money is green.”

He left his cash on the counter, turned around, and walked out the door to go play a round of golf.

Later, he and his friends were escorted away by police for playing on a “whites only” course. Rather than exploding into a violent rage, as many others would have done, Dr. Little stayed calm and held his head high during his arrest.

That highly publicized event and his example of a dignified man were instrumental in the future of the golf course, which would be integrated a few years later.

On MLK Day, I find myself reflecting on my father-in-law’s story. I am also reminded that Dr. King’s famous “I have a dream” speech was about being a father. It was about envisioning the future he wanted for his children, and then working to make that dream a reality.

“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character,” he said.

We can all learn something from Dr. King, Dr. Little, and Championship Fathers across the globe …

More important than a man’s circumstances—his race, his socioeconomic status, his custodial or marital situation—is the way in which he handles his circumstances and envisions the future.

Do you model self-control? Do you remain calm and rational, even when others are becoming bitter … perhaps even violent? Can you hold your head high because you know you are acting like the dignified man you want your children to see?

Do you communicate to your children that the world is a good place and that the future is bright and colorful?

Or do you act as though the world is a bleak place to live?

When I think about what other fathers—black, white, Asian, Latino, poor, rich, married, divorced—have been through, I am motivated to hold the mantle just as high and to walk with dignity.

I am reminded to be mindful about what my children see through my eyes and how they envision the future.

What are your deepest longings for the world in which your children grow up? How do you want them to see you? The future?