HELP ASAP! Court Friday - Perjury Question..California

[MET]

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

Skip the next paragraph if you are one of those "GET TO THE POINT people."
My x-wife was awarded spousal support in the amount of $2,264. Our marriage lasted 3 years (2005 - 2008) yet the divorce was final last November. I was floored at the amount but was told that was what California awards using the formula set by the state. Using that formula I would have a negative income if I paid her so I decided to pay nothing. This was after paying over $13,000 to her during her self imposed separation in which she told me it was "the law" that I was supposed to pay her alimony while separated. OK so I am a idiot for paying her during that time and marrying the cheating #$&% to begin with.


We separated in September of '09. I owned my own business, a marketing and consulting company, and lost my exclusive client in October of '09. I tried to carry on my business however the economy was bad and then depression set in and I have not worked since. With no income I lost everything, I have no electricity, no gas and I am even being fined for not being able to water my lawn. The house foreclosed and auctioned 3 weeks ago so I am just waiting to be kicked out.

I have only paid $300 of the court ordered support and now face contempt charges. I know I should have filed a modification but being depressed I did nothing right. So here is the perjury part.

On the form (FL150) where she is to list her economic situation she states she does not work and has not worked since 2003 yet she has been employed twice since we separated and has had more income that I have! She is still working to this day and I am stuck with everything. Now I am being sentenced this Friday on Contempt charges!

I asked my attorney several times about filing perjury charges and I am being told it is a waste of time. The opposing attorney does not know that we know she is in fact working so I told my attorney to ask the opposing attorney to verify her employment information in open court so we would have 2 perjuries. One being the FL150 she signed and the other if she verified she was not working verbally in front of the judge. I am no lawyer but this would look like a slam dunk to me! I know that the D/A would have to file the charges but if I was a judge and I had someone lie directly to my face AND on a legal court document, I would ask the D/A to to do this.

I keep reading that perjury charges are rarely filed so I ask WHY IS THE FOLLOWING STATEMENT ON EACH DOCUMENT IF IT IS CLEAR THAT ANYONE CAN LIE IN FAMILY COURT AND GET AWAY WITH IT!

"I declare under penalty of perjury under the laws of the State of California that the information contained on all pages of this form and
any attachments is true and correct."

HELP! I have no money to fight this and I feel my attorney does not want to file anything because she is not getting paid other that what the state pays her.

Thanks!

 

[Proserpina]

I'm thinking that the reason your attorney - and really, you need to listen to your attorney because they know your case - hasn't done anything is because even if your ex has perjured herself it won't get rid of your contempt or the debt.


Perjury is rarely prosecuted, anyway.

 

[MET]

I understand that however the judge will be rendering a sentence without knowing that my X has an income and I do not.

What I wanted to do was the have my attorney ask in front of the judge to verify that all the information on that document it correct and true. The moment she claims yes it is true and correct we would then state something like...

My Attorney to Mrs. X Wife.. You claim on the FL150 that you have not worked since 2003, correct?

Mrs. X Wife Response "Correct"

My Attorney to Mrs. X Wife.. So you have never worked for "INSERT CURRENT EMPLOYER" or "X EMPLOYER"?

I can't wait to see her face when this is asked. She is a compulsive liar and needs finally be held accountable.

I know the perjury charge is rarely filed as I stated in my post however I guess my more direct question here is this. Will showing the judge that she lied on the original document that was used to file the contempt charges and if we are lucky getting her to lie in open court help me with my sentencing?

On Friday I have to bring proof of no income! I find it AMAZING that I can PROVE she has income and has perjured herself and no one cares?

I have been taking for a ride by this woman and I want at least a little justice here.

Please do not preach to me about whether it will get rid of the contempt. The judge is going to render me jail time to the tune of 10 days per month I was in contempt. Do you think that showing she had income when I had none will modify his thinking of my sentence?

 

[Proserpina]

I understand that however the judge will be rendering a sentence without knowing that my X has an income and I do not.

What I wanted to do was the have my attorney ask in front of the judge to verify that all the information on that document it correct and true. The moment she claims yes it is true and correct we would then state something like...

My Attorney to Mrs. X Wife.. You claim on the FL150 that you have not worked since 2003, correct?

Mrs. X Wife Response "Correct"

My Attorney to Mrs. X Wife.. So you have never worked for "INSERT CURRENT EMPLOYER" or "X EMPLOYER"?

I can't wait to see her face when this is asked. She is a compulsive liar and needs finally be held accountable.

I know the perjury charge is rarely filed as I stated in my post however I guess my more direct question here is this. Will showing the judge that she lied on the original document that was used to file the contempt charges and if we are lucky getting her to lie in open court help me with my sentencing?

On Friday I have to bring proof of no income! I find it AMAZING that I can PROVE she has income and has perjured herself and no one cares?

I have been taking for a ride by this woman and I want at least a little justice here.

Please do not preach to me about whether it will get rid of the contempt. The judge is going to render me jail time to the tune of 10 days per month I was in contempt. Do you think that showing she had income when I had none will modify his thinking of my sentence?

I'm not preaching a darned thing. I'm telling you the reality. You'll be lucky if the issue of her lying on paperwork is even heard on Friday.

But, with that said - let's have word for word (minus names) what your decree actually states about alimony and when (if) it is modifiable.

 

[MET]

Sorry for sounding argumentative as it was not my intent to argue. I am looking for answers other than what I already know so please instead of telling me reality tell me something that might work for me. I know if I were judging this case and I found out the the document given to me to create the contempt charges and to make her out to be this jobless victim was later found to be false I would think twice about going "HARD" on the REAL victim here.

"Perjury is the act of lying or making verifiably false statements on a material matter under oath in a court of law or in a sworn written statement. For the court’s credibility, testimony must be relied on as being truthful, anything less could result in a miscarriage of justice. The general perjury statute in the U.S. under Federal law provides for a prison sentence of up to five years, and is found at 18 U.S.C. § 1621. (See also 28 U.S.C. § 1746.)
To be convicted of perjury there has to be intent to commit the act, and to have actually committed the act of lying under oath. Perjury rules also apply when a person has made a statement under penalty of perjury, such as in filing a false tax return or filing false affidavits in a family court hearing. These laws are to ensure that only *justice* is the court’s goal. Without expecting the truth how could any court of law determine justice?

Legislature created laws to protect all citizens against particular types of misconduct, yet it is within the discretion of the District Attorneys office whether or not to charge an individual with a crime of perjury. It is the responsibility of the DAs office to aggressively pursue prosecution of our laws, but not at the sacrifice of truth and justice. This is usually how it works in criminal court but there are courtrooms where truth is not demanded or even expected. It has become a common practice, the silent collusion to accept unenforced laws that violate civil, criminal and constitutional laws against certain segments of the population.

Perhaps there are supporters of family courts remaining as status quo and have no desire to see these illegal practices changed? It is possible that these individuals may benefit financially from the crimes and exposure of their involvement may bring well deserved prosecution to them, as well as those who originally committed perjury."

I have been sickened while sitting in court awaiting my case to be heard to see judges accept information at face value with absolutely no burden of proof needed. A restraining order was placed on me by here and that created an entire series of events that have changed my life and my view of the justice system. I was at the ex parte hearing for my TRO siting all day and waiting to be heard. When I was the last person sitting in the courtroom the bailiff asked why I was there. I told him why and he told me my case was already heard. I was there since they opened and knew that my name was never called. I was told that they do not call these cases in court and that they are almost always automatically approved.

Well she got me then. She ruined the marriage and of course no one cares. Now it seems like the perjury clause is a waste of ink. Now I know I can lie my rear end off and I have a really good chance of never being held accountable. This opens up a whole new way of getting even with people if I was that type of person.

Well I am not and I simply need to know what is my best course of action to get the fact that she perjured herself into the mind of the judge. Maybe I am old fashioned or just a man who is sick of being walked on and told that we do not enforce laws that don't make lawyers rich and bog down the legal cash cow.

Now what can I do to get HEARD!

Thanks!

 

[MET]

BTW I am getting the divorce papers and will post what they say but I am guessing they are standard since there is no property or children.

 

[Proserpina]

BTW I am getting the divorce papers and will post what they say but I am guessing they are standard since there is no property or children.

You don't seem to understand that a contempt hearing for non-support is different from a perjury complaint. They're two entirely different matters.

The contempt is based upon a very simple premise - you haven't paid what you were ordered to pay. The reason doesn't matter at this point.

This is why you need to be speaking to your attorney.

 

[MET]

I do understand what you are saying. You are not understanding what I am asking.

I want to have my attorney ask her through her attorney in court if the information used to file the contempt charges is accurate. If she answers YES it is then she has perjured herself not only on the FL150 but also in court while being heard by a judge.

Is this possible and if so how do I do it? Maybe I am not asking this correctly but in order for me to have a better chance at having the D/A file the perjury charges doesn't it make sense to have her do this so I have both the written and the verbal perjury statements?

I do not care if it is proper procedure or normal or whatever.

Something like, "Your honor before sentencing we would like to verify that the information given to you at the last hearing by Mrs. X Wife was in fact accurate." I tried to get her to do this at the last hearing but she was clearly not getting a fat pay check from me so why go the extra mile. I mean how hard can just having that information stated on the record can this be.

Now before you answer that the answer does not matter and that we should have done this before and bla bla bla could you just answer the question?

If not can someone else maybe help answer this or does someone have a positive idea on how to stop this woman from destroying what little bit of life I have left.

Please?
Pretty Please with sugar on top?

 

[Proserpina]

I do understand what you are saying. You are not understanding what I am asking.

I want to have my attorney ask her through her attorney in court if the information used to file the contempt charges is accurate. If she answers YES it is then she has perjured herself not only on the FL150 but also in court while being heard by a judge.

And what you're completely NOT understanding is that it WILL NOT MATTER how she answers.

You. Did. Not. Pay. As. Ordered. THAT is why you're in court on Friday. Nothing more, nothing less.

Talk to your attorney.

 

[LdiJ]

I do understand what you are saying. You are not understanding what I am asking.

I want to have my attorney ask her through her attorney in court if the information used to file the contempt charges is accurate. If she answers YES it is then she has perjured herself not only on the FL150 but also in court while being heard by a judge.

Is this possible and if so how do I do it? Maybe I am not asking this correctly but in order for me to have a better chance at having the D/A file the perjury charges doesn't it make sense to have her do this so I have both the written and the verbal perjury statements?

I do not care if it is proper procedure or normal or whatever.

Something like, "Your honor before sentencing we would like to verify that the information given to you at the last hearing by Mrs. X Wife was in fact accurate." I tried to get her to do this at the last hearing but she was clearly not getting a fat pay check from me so why go the extra mile. I mean how hard can just having that information stated on the record can this be.

Now before you answer that the answer does not matter and that we should have done this before and bla bla bla could you just answer the question?

If not can someone else maybe help answer this or does someone have a positive idea on how to stop this woman from destroying what little bit of life I have left.

Please?
Pretty Please with sugar on top?

You are simply NOT going to get a DA to charge her with perjury. Its simply NOT going to happen. You are spinning your wheels on the whole idea. If you had any idea how many people in divorce situations lie about employment and income when it comes to child support or alimony, you would realize why a DA has no interest in pursuing perjury in those cases. No DA has the time or manpower to do so.

Plus, it would do absolutely nothing to help you.

 

[MET]

Are you serious?

I KNOW THAT IT DOES NOT MATTER ABOUT MY CONTEMPT HEARING AND THAT IS WILL NOT CHANGE THE OUTCOME SO STOP TALKING YOURSELF IN CIRCLES. My god I see why so many people get upset in hear with some of you who dance around the question. So you can't see the forest, here let me move some of these trees out of the way.

Now can you at least answer a direct question or do you know my X Wife and are some how trying to mess with my head!

HERE IS THE SIMPLE QUESTION I NEED ANSWERED FROM ANYONE FOR THE LAST TIME.

CAN I HAVE MY ATTORNEY REVIEW THE INFORMATION IN COURT AS I HAVE SAID ABOVE IN SO MANY EXAMPLES.

YES OR NO

IF YES THEN WOULDN'T THAT BE YET ANOTHER PERJURY

YES OR NO

IF IT IS THEN I CAN GO TO THE D/A AFTER MY HEARING AND TRY TO GET CONTEMPT CHARGES. I KNOW IT WILL BE HARD TO GET THEM TO PRESS CHARGES AND I MAY BE WASTING MY TIME BUT YOU SURE HAVE WASTED MY TIME BY NOT AT LEAST TRYING TO UNDERSTAND THAT I AM NOT A DAMN LAWYER AND I AM ASKING WHAT I THINK IS A REASONABLE QUESTION.

IF NO CAN YOU PLEASE EXPLAIN WHY?

YOU SOUND LIKE A PARENT WHO TELLS THEIR CHILD YOU CAN DO THAT BECAUSE I TOLD YOU SO.

 

[MET]

Thank you LdiJ as you are at least trying to expand on the answer.

Now what your telling me is that I too can lie my ass off with no worries about her being able to do anything.

AWESOME! I LOVE THE JUSTICE SYSTEM!

 

[MET]

OH and it would do something to help me.

I would love to give her a taste of her own medicine but I will never stoop to the level she is by lying. But I guess the truth is not good enough to get legal action and lying is the way to go.

Thanks to all I have learned a valuable lesson today.

 

[Proserpina]

You need professional help.

 

[Proserpina]

Are you serious?

I KNOW THAT IT DOES NOT MATTER ABOUT MY CONTEMPT HEARING AND THAT IS WILL NOT CHANGE THE OUTCOME SO STOP TALKING YOURSELF IN CIRCLES. My god I see why so many people get upset in hear with some of you who dance around the question. So you can't see the forest, here let me move some of these trees out of the way.

Now can you at least answer a direct question or do you know my X Wife and are some how trying to mess with my head!

HERE IS THE SIMPLE QUESTION I NEED ANSWERED FROM ANYONE FOR THE LAST TIME.

CAN I HAVE MY ATTORNEY REVIEW THE INFORMATION IN COURT AS I HAVE SAID ABOVE IN SO MANY EXAMPLES.

YES OR NO

IF YES THEN WOULDN'T THAT BE YET ANOTHER PERJURY

YES OR NO

IF IT IS THEN I CAN GO TO THE D/A AFTER MY HEARING AND TRY TO GET CONTEMPT CHARGES. I KNOW IT WILL BE HARD TO GET THEM TO PRESS CHARGES AND I MAY BE WASTING MY TIME BUT YOU SURE HAVE WASTED MY TIME BY NOT AT LEAST TRYING TO UNDERSTAND THAT I AM NOT A DAMN LAWYER AND I AM ASKING WHAT I THINK IS A REASONABLE QUESTION.

IF NO CAN YOU PLEASE EXPLAIN WHY?

YOU SOUND LIKE A PARENT WHO TELLS THEIR CHILD YOU CAN DO THAT BECAUSE I TOLD YOU SO.

You really need some professional help.