Incorrect submission of finances


#1

During my custody hearing my ex submitted her finance statements and claimed that her monthly work related childcare cost was $350.00. The judge ordered us to pay 50/50. When I started paying my share directly to the daycare center I found out that it was only $125.00 per month. This amounted to a differance of about 150.00 per month in childsupport.This fact is a hang up in us signing the court order today because of the discovery of fraud on her part. As a note, I continued to bring this fact to my lawyers attention and his only response was this is what was submitted and we can not change it. I was never given the opertunity to valdate that statement until after it was disclosed in court. The court order was issued in 7/2009. This is one reason I have asked my lawyer to remove himself from my case. Also my lawyer sent her lawyer a letter disclosing and confirming this fact and asked that we sign the order based on the new value. I think that we might be able to sign the order soon but I would like to know if criminal charges can be brought against her for knowingly submitting false information with intent to increase child support and if so, what is the best avenue to do so? I have exhausted my savings and will be doing self representation moving forward unless it is warrented.


#2

Your wife could be found guilty of perjury if she knowingly lied on her affidavit, however it is doubtful that the DA would prosecute such a crime. You may be better served to seek an award of attorney’s fees based on her actions leading to further dispute and more court time.


#3

It is very clear that she knowingly did so by the findings and is confirmed by the new values of the child support schedule. For my knowledge and to make a better decision will you explain why you say it would be doubtful that the DA would prosecute? As a note we did ask for attorney fees at the trial. The Judge said that both sides presented resonable concerns and would not award attorney fees, but this was done with out anyones knowledge of her false affidavit. Is it still possible to get an award for attorney fees? I have incured additional expenses because of this discovery.


#4

The DA deals with a high volume of crime, and while I can’t say for sure, I don’t believe perjury in a domestic case would receive priority.

It sounds as if the judge has already made a ruling on attorney’s fees.


#5

I agree that the Judge has already ruled on attorney fees and I am not interested in that avenue, however I am interested in the DA approch. I figure that I have nothing to loss should the DA not hear it. I presume that they can only say no

I am prepairing for a domestic violence complaint and in it, one of the claims is that I access her personal records. My original question in this blog was asked in regards to this. When I went to the daycare center to pay my 50% of daycare cost I asked for a receipt and they gave me an account statement. They did this again the next month. So I did not access her personal records but I did uncover her fraudulent submission of finances in the custody hearing. In defending against this alligation it will come out in court that she knowingly and willingly submitted this false finance statement.

It will also come out that she again submitted a false statement in this current domestic violence suit that pertaining to a no trespass order. Please refere to the blog titled “No Trespass”. In the current complaint she included in the filing that she has a “no trespass” against me. (She went for Ex Parte and was denided) In the custody hearing she made this claim and my lawyer asked her if she had ever gone to court and filed the complaint and she said no, the Judge directly asked her the same question and she said no. He responded by saying that she does not have a no trespass order. So again she knowingly file misinformation.

During the trial of the domestic complaint these 2 facts will come out. So how do I properly follow the court room rules and ask for charges of perjury? Do I do it in my closing statment (if I fill that my bases is strong enough)? Do I only have to say:
“Your Honor, based on the testimony and these 2 facts i.e. no traspass and false finance statement, and the fact that this a pattern of behavior I would like to have criminal charges brought against the Plaintiff for perjury”. After all a domestic violence complaint as all about credibility and ones character and I intend to prove that this domestic complaint was filed with malice intent.


#6

You will have to contact the DA’s office.


#7

Thank you for your help.


#8

You are very welcome, I wish you the best.