Perjury

[RonFla]

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

In a family law case, former husband has lied to court that does not own his business and that his current wife owns it. Former Wife has found proof that he DOES own the business.

What is the proper motion to file to have the judge listen to the evidence and charge him with Perjury in the family court?

Thanks so much.

[Gracie3787]

Originally Posted by RonFla

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

In a family law case, former husband has lied to court that does not own his business and that his current wife owns it. Former Wife has found proof that he DOES own the business.

What is the proper motion to file to have the judge listen to the evidence and charge him with Perjury in the family court?

Thanks so much.

You cannot bring a charge of perjury in family court.

There might be something you can do, but it depends on what the situation is:

How did this perjury effect the financial outcome of a hearing?

How long ago was the hearing?

Why were you not able to bring this information to the hearing?

[RonFla]

Thanks for the reply Gracie.

The original divorce was in Sept 2003.

Former wife just filed a modification of Child Support as his "ficticious income" appears to have gone up. His yearly tax returns have different amounts every year.

If his true income is uncovered in court, the Child support would be adjusted properly for the minor child.

The perjury although always known wasnt able to be proven until now.

[Gracie3787]

Originally Posted by RonFla

Thanks for the reply Gracie.

The original divorce was in Sept 2003.

Former wife just filed a modification of Child Support as his "ficticious income" appears to have gone up. His yearly tax returns have different amounts every year.

If his true income is uncovered in court, the Child support would be adjusted properly for the minor child.

Please explain the situation more, it's really hard to help when I don't have any real info. It will also help if you explain who you are in this- are you the ex husband, or the ex wife?

Has the modification been done yet, or is it still pending?

If it is still pending, it is up to you to prove to the court that ex is not being truthful about income.

[RonFla]

Gracie,

I am on the ex-wife and am filing the modification next week. Former Husband owned a business before the divorce but put it in his fathers name. 3 weeks after divorce he mairried and was making erratic child support payments. I took him to court and we are up to the 6th contempt. He purges right before the court date. My eldest son was recently emancipated , so I am filing to adjust for my daughter who is 16. I get his Income tax every year and it has gone up each year. He has a personal corporation, which pays him his salary. His personal corporation is paid by the automotive business he owns, but has in his wifes name. I just found evidence in Public records that he owns the automotive business (bunsiness tax, a Uniform Commercial Code Financing statement in the business name and his personal name w/his SS#, and many other things. To make matter worse, his lawyer is also the Registered Agent of his business. He has testified under oath many times that he (former husband) is an employee and general manager of the business.

I dont want to write a book here, hope this helps you understand more.. and thanks so much for trying to help

[RonFla]

do you need any more information ?

thanks

[boosmom2]

Maybe you should post this under child support since that is the real issue.

[Ohiogal]

Originally Posted by RonFla

do you need any more information ?

thanks

So use the information to impeach his credibility when he attempts to testify this time around.