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  #1  
Old 03-27-2009, 11:36 PM
Junior Member
 
Join Date: Sep 2008
Location: Missouri
Posts: 2

Court Case comming and Ex Wife playing the court


What is the name of your state (only U.S. law)? Missouri

Ok... Here is my dilemma. Because I can’t afford an attorney I have had to represent myself Pro-se for a child support modification but have been succeeding pretty well at it.. My Ex Wife filed last March to reduce child support that she pays me as I have custody. She is doing the same kind of stuff she was doing during the Divorce case (Lying through her teeth) playing the court system. I have a lot of evidence but not sure how to present it to support my counter motion to have the child support the same. There has been 2 - 3 stories for each lie.
(Told to me),
[court interrogatories],
"Truth supported by evidence".

Sorry this may be a long list but told chronologically according to how each form.

From Nov 2006 – Nov 2007 she failed to pay child support resulting in $7000 in arrears

Oct 2006
"Final divorce Decree with me being awarded custody"

Nov 2006
(Ex Wife Still working at $35,000/Pa job)
"Ex Wife Terminated with cause for Fraudulent Time Sheets and unprofessional behavior from $35,000/Pa job"
“Nov 2006 – Jan 2007 Seasonal temp at Costco”
[No reported in interrogatories]

Dec 2006
[Ex Wife says she quit voluntarily from $35,000/Pa job to stay at home with family. Single parent with no child under 10]

Jan 2007 – Apr 2007
“Ex Wife got seasonal job with IRS for 2006 tax season”
[No reported in interrogatories]

Aug 2007
[Ex Wife Obtained Job $24,000/pa]
“Application asked if she had ever been discharged from any job. She answered NO”

Oct 2007
“Ex Wife forced to start paying arrears”

Nov 2007
“Ex Wife remarries, Have Certified Marriage Certificate”

Jan 2008 – Mar 2008
“Ex Wife got additional seasonal job with IRS for 2007 tax season”

Feb 2008
“Ex Wife files fraudulent Tax claiming Head of Household when should have filed Married Joint or Separate”

Mar 2008
“Ex Wife IRS return intercepted to pay arrears ($7000)”
(Ex Wife told me she had married 2 – 3 weeks prior)
[No Interrogatory question asked about marriage]
“Ex Wife files court papers to petition for reduction, Wrong address given for me”

Apr 2008
“Ex Wife becomes pregnant, based upon 10 month gestation and birth date of baby”
[States she graduated with a Criminal Justice Masters 3.7 GPA]

Oct 2008
“Received confirmation that she never graduated with masters, she only has a Biology Degree”
“Ex wife terminated from $24,000/pa job and claims disability, still pregnant”

My question would be How do I approach this. She has made lies in official court documents that she has signed in front of a notary. Infact when she opens her mouth most times I feel it’s a lie. My main concern is if she lies in court how to approach it and expose her lies without hurting my own case.
  #2  
Old 03-28-2009, 08:01 AM
Senior Member
 
Join Date: May 2004
Posts: 41,368
Quote:
Originally Posted by Gryphon68 View Post
What is the name of your state (only U.S. law)? Missouri

Ok... Here is my dilemma. Because I can’t afford an attorney I have had to represent myself Pro-se for a child support modification but have been succeeding pretty well at it.. My Ex Wife filed last March to reduce child support that she pays me as I have custody. She is doing the same kind of stuff she was doing during the Divorce case (Lying through her teeth) playing the court system. I have a lot of evidence but not sure how to present it to support my counter motion to have the child support the same. There has been 2 - 3 stories for each lie.
(Told to me),
[court interrogatories],
"Truth supported by evidence".

Sorry this may be a long list but told chronologically according to how each form.

From Nov 2006 – Nov 2007 she failed to pay child support resulting in $7000 in arrears

Oct 2006
"Final divorce Decree with me being awarded custody"

Nov 2006
(Ex Wife Still working at $35,000/Pa job)
"Ex Wife Terminated with cause for Fraudulent Time Sheets and unprofessional behavior from $35,000/Pa job"
“Nov 2006 – Jan 2007 Seasonal temp at Costco”
[No reported in interrogatories]

Dec 2006
[Ex Wife says she quit voluntarily from $35,000/Pa job to stay at home with family. Single parent with no child under 10]

Jan 2007 – Apr 2007
“Ex Wife got seasonal job with IRS for 2006 tax season”
[No reported in interrogatories]

Aug 2007
[Ex Wife Obtained Job $24,000/pa]
“Application asked if she had ever been discharged from any job. She answered NO”

Oct 2007
“Ex Wife forced to start paying arrears”

Nov 2007
“Ex Wife remarries, Have Certified Marriage Certificate”

Jan 2008 – Mar 2008
“Ex Wife got additional seasonal job with IRS for 2007 tax season”

Feb 2008
“Ex Wife files fraudulent Tax claiming Head of Household when should have filed Married Joint or Separate”

Mar 2008
“Ex Wife IRS return intercepted to pay arrears ($7000)”
(Ex Wife told me she had married 2 – 3 weeks prior)
[No Interrogatory question asked about marriage]
“Ex Wife files court papers to petition for reduction, Wrong address given for me”

Apr 2008
“Ex Wife becomes pregnant, based upon 10 month gestation and birth date of baby”
[States she graduated with a Criminal Justice Masters 3.7 GPA]

Oct 2008
“Received confirmation that she never graduated with masters, she only has a Biology Degree”
“Ex wife terminated from $24,000/pa job and claims disability, still pregnant”

My question would be How do I approach this. She has made lies in official court documents that she has signed in front of a notary. Infact when she opens her mouth most times I feel it’s a lie. My main concern is if she lies in court how to approach it and expose her lies without hurting my own case.
To be honest, a lot of the alledged lies seem pretty irrelevant to your case. You don't want to get bogged down in trying to prove something that won't really make any difference to your case.

The important things to prove now, are what is she capable of earning, is she earning that and if not, is that for a voluntary or involuntary reason.

If its voluntary, you want the judge to impute the highest possible income to her. If it was involuntary, you still want that, but you have less chance of getting it.
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