Is she asking for alimony? He could reply to the complaint that there is incorrect information and therefore not legal or accurate. I’m not sure what this information would affect other than alimony and possibly for him to pay more in child support.
She has asked for divorce from bed and board, spousal support, permanant alimony, custody, and attorney’s fees.
The point is, she swore under oath that what she said was true. The question is, is her lying punishable?
My friend is trying to garner all the facts for everything. This is an ugly divorce. The soon to be ex has a history of mental problems as well as drug and alcohol abuse. She has already committed a couple of no nos in this matter.
Unfortunately, my friend has to have a strong case because he wants to get his child. He does not want her being raised by her mother…and can you really blame him.
I’m uncertain what can be done about purjury.
I do know that it takes a lot to win primary custody from one parent if that parent is willing to put up a fight and/or willing to share custody. I can tell you that he will have a terrible fight if he is trying to prove her unfit. It can be done, but it would be easier if he would agree to joint custody and equal time. I understand why he would not want her mother to have custody, but I am simply stating what I know to be the case in most instances. Most of the time the parent that has primarily cared for the child and has primary custody during separation is the one who ends up with primary custody…
The child support can be based on an imputed income to her depending on the age of the child. If the child is old enough to be in school and the parent is capable of working and choosing not to do so then the courts will impute minimum wage, 40 hour week income to her in the calculations. Meaning that she either works or the courts will assume that she can and chooses not to.
This will make a difference in alimony also…whether or not she CAN work and is choosing not to. Divorce from Bed & Board is a formality for the most part. Spousal support would paid be during the time before the divorce when alimony would take over.
Well, that is the question. Is that considered perjury?
I am not as worried about the other. My friend knows it is an uphill battle, and has resigned himself to that fact.
He should file a formal answer to the complaint, when he answers the complaint he has the option to admit or deny the allegations in the complaint.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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Charlotte, NC 28262
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A friend of mine is going through a divorce. His wife filed and in the complaint claimed that she has not been employed and has been a stay at home mom since the birth of their minor child. In reality, she has held 6 jobs in difference states since 2000 (the year the child was born) and my friend has the W2s and Tax Returns to prove it (in fact, one job, was full time from 2005-2006).
Is there anything that can be done? Are there any legal repercussions to lying under oath in a court filing?