Child support/Post separation support

North Carolina Divorce Law Divorce and Separation Answers
1

Perjury is a crime and can also be subjected to civil contempt charges. You can report it to the district attorney, but if the Judge relied on the exhibit it is likely that she believed the exhibit to be true. In these types of situations it is generally unlikely that criminal charges will brought. The best way to deal with this issue is usually to prove at the next hearing that he lied in a previous hearing and make that issue very clear to the Judge. If you convince the Judge hearing your case that the other party is lying, that often means the result will be more favorable to you.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

During CS/PSS trial my ex submitted an exhibit stating how much money he had already paid me for support up to that date and it was not true. I was not aware of the exhibit prior to trial and it wasn’t dealt with at the trial. The judge used that information to make a decision not to make any PSS retroactive. He needed to pay back- support because there was a period 4 months he didn’t pay me anything. I’m assuming that the exhibit is perjury and want to know how I am able to report it, and would I possibly be compensated if the court determined it was a lie (perjury)and I should have received more PSS, or would he just be fined or but in jail for perjury? I am under the impression that I can report the fraudulant information without an attorney but do not know how to go about the process. I have made several attempts to gather info but have not been able to get much so far. I have been told that the Clerk of Superior Court will accept the info but I need to tell them if it is civil or criminal. How is it looked upon since it was part of PSS hearing - civil or criminal? If I report it can it be dropped or is it then out of my hands? What are the ramifications of such a report? What is the typical outcome of perjury? If I report it as perjury can I also bring it up at a trial for alimony in the future? Any info you can supply or any direction you can steer me in would be appreciated.