Tread carefully, but if you can provide documented proof of any of this then you can prove perjury, which of course is punishable in a court of law. I would definitely let the judge know that she is manipulating the system, but be careful to make sure you can prove it.
I agree…make sure you have your dates and facts together. If she knowingly supplied wrong information about her employment and salary she could face perjury.
Please check the facts about the insurance amount that was used. If she really submitted the total amount that was paid for the entire family, the judge would probably be most interested in hearing about that, especially since it is not her paying the cost but her spouse. Unless she can show that she is paying him back for the insurance amount. If his income is not figured into the child support calculations then I’m not certain that the amount he pays for insurance can be used either…would need to check that with the attorney…
Based on the evidence you have, you may be able to file a motion to ask the judge to set aside the order based on the information you just discovered. Your success likely will depend on whether or not the judge believes that you could have discovered this information before the hearing.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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In December '06 my ex and I had a child support hearing to have the support amount evaulated. My ex had left her job 2 days prior to he the hearing & requested to have her income eliminated from the calculation, which the Judge did not grant. The Judge granted a temporary reduction in the amount I pay due to my starting a new job at a lower base salary but I higher commission structure. This was to give it 6 months for me to begin making commissions, then we were to go back in July so I could bring my paystubs & show how much I was making in commissions.
One week after the hearing in December where it was lowered, my ex wife took a job through a temp agency at a much lower salary than she had been making. She had indicated to me that she would be going to a permanent status with the company and would be able to add the kids to the insurance soon. In the meantime, she had our 2 kids on her husband’s insurance through the state.
At our hearing in July, she submitted her paystubs from the company she was working at thru the temp agency. The hearing was on a Thursday. I found out through another person that she started a new job the following Monday, and she is making more money. She knew at the time we went to court that she was to be starting her new job in 2 days, but did not disclose it.
Also, she submitted the insurance cost for the kids at $430 a month. I checked the state’s website, and the insurance cost to add kids to a state employees plan is $180. The cost for full family coverage is $430, which is what she submitted to the child support office. The way I understand it, the insurance cost that should have been included is $120, since it costs $180 to add children, and her husband had one kid on the insurance & I have 2.
Basically she is manipulating the system. She took a low paying job in order to have that income to submit, then started a new higher paying job 2 days afterward. I also have the insurance information showing that she submitted the cost for full family insurance when only the cost for my kids should have been considered.
She also tried to have after-school care included in the calculation, stating that her husband’s hours were changing and he would no longer be home in the afternoons when the kids get off the bus. The judge did not allow this since my son is 13. I have since found that that was a lie also and he is still getting home early in the afternoons as before.
I’m going to request another modification hearing and bring out these facts to the judge. I would like so advice on how to proceed on this when we go to court. I would like the judge to take some action against her for withholding her correct employment information and submitting incorrect information relating to the insurance cost.
Do I have a leg to stand on here? And do you foresee her having to face some repurcussions for her actions?