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Lying in deposition

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singledadct

Junior Member
What is the name of your state (only U.S. law)? CT
after 10 years of struggle I filed for divorce. After the papers were filed and my stbx was ready to leave her new lawyer said no way, and by the way your fighting for custody.
Anyway, we are now 8 months into the process and during deposition the lies were flowing like a spring stream. I can prove all of them are lies. Is there any ramification for doing this? I am an additional 25k in legal fees to prove her lies and it seems like it means nothing to anyone other than knowing she lied.
All I want for her to do is get the help she needs for her medical conditions and medication intake and I have no problem with her spending time with my daughter. Until this happens I will sell my soul to the devil to make sure she is safe with her mom.
So the question is, can I recoup this additional money in the end and what is the fallout for her lying?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? CT
after 10 years of struggle I filed for divorce. After the papers were filed and my stbx was ready to leave her new lawyer said no way, and by the way your fighting for custody.
Anyway, we are now 8 months into the process and during deposition the lies were flowing like a spring stream. I can prove all of them are lies. Is there any ramification for doing this? I am an additional 25k in legal fees to prove her lies and it seems like it means nothing to anyone other than knowing she lied.
All I want for her to do is get the help she needs for her medical conditions and medication intake and I have no problem with her spending time with my daughter. Until this happens I will sell my soul to the devil to make sure she is safe with her mom.
So the question is, can I recoup this additional money in the end and what is the fallout for her lying?
WHAT are her lies? Has she testified on the stand yet to show that her lies at the deposition are lies?
Did you ask for her to pay your attorney fees?
 

singledadct

Junior Member
prescription medication not prescribed to her was ALL OVER my house. She has legitimate medical issues but her job is in the medical field and she has access to the medication.
The lies are regarding specific questions about the medication being in the home and where they were obtained. The packaging on the individual medication has the name of the hospital she is employed at and a serial number / lot number on them. She denies ever bringing this medication into the home as well as ever removing it from her place of work. We have proven that this is not true. She also claims to have had prescriptions for this medication which we also have proven is not true.
 

Isis1

Senior Member
prescription medication not prescribed to her was ALL OVER my house. She has legitimate medical issues but her job is in the medical field and she has access to the medication.
The lies are regarding specific questions about the medication being in the home and where they were obtained. The packaging on the individual medication has the name of the hospital she is employed at and a serial number / lot number on them. She denies ever bringing this medication into the home as well as ever removing it from her place of work. We have proven that this is not true. She also claims to have had prescriptions for this medication which we also have proven is not true.
did you ask the court to award you attorney's fees as a part of the order?
 

Ohiogal

Queen Bee
prescription medication not prescribed to her was ALL OVER my house. She has legitimate medical issues but her job is in the medical field and she has access to the medication.
The lies are regarding specific questions about the medication being in the home and where they were obtained. The packaging on the individual medication has the name of the hospital she is employed at and a serial number / lot number on them. She denies ever bringing this medication into the home as well as ever removing it from her place of work. We have proven that this is not true. She also claims to have had prescriptions for this medication which we also have proven is not true.
No. You may have proven that it is in your house and that it once was at the hospital she worked if you have proven anything. You have not proven SHE brought it in based on what you have said. Nor have you proven SHE removed it from her place of work. How long has it been in YOUR home?
 

singledadct

Junior Member
I proved she removed it from the hospital based on the fact that she is one of very few people that has authorizatoin to access this medication. Unless I broke into the hospital and into the secured storage facility for the meds and removed them myself which is almost impossible. We arent even in close proximity to her work almost an hour drive and there is no reason for me to do this. There is a history of medical ailments and medication as far back as 9 years and the reason for the divorce was this issue. I also have photos and video of the packages in her purse, vehicle, and room. As well as inventory on a daily basis for a 1 month period. I think that it is going to be harder for her to prove she didn't do it than it is for me to prove she did. We are not talking about a bottle of Bayer asprin that is avail. on any store shelf.
My questions was more along the lines of the proceeding being dragged out for so long because we cant progress with the lying and we all know continuances and time to gather evidence that supports the truth costs huge money in legal fees. There is a temporary parenting plan proposed which she and her lawyer do not agree with. This is what is holding everything up. I have not been deposed, she has had no specialist investigating me and she only speaks to her lawyer when he calls her so her legal bills are nothing. (5k retainer) I am averaging 4-7k per MONTH! in legal and professional fees for this. It just seems like there is no end in sight if she keeps lying.
 

LdiJ

Senior Member
She is stealing medecine from the hospital where she works as a medical professional?

Has this been reported?
If she was illegally accessing meds the hospital would catch on pretty quick. They have strong inventory control. Its possible that one of the doctors is authorizing the medication.

Her career would be totalled, quickly if the meds are not authorized. There is no way someone could get away with it for 10 years.
 

Ohiogal

Queen Bee
I proved she removed it from the hospital based on the fact that she is one of very few people that has authorizatoin to access this medication. Unless I broke into the hospital and into the secured storage facility for the meds and removed them myself which is almost impossible. We arent even in close proximity to her work almost an hour drive and there is no reason for me to do this.
You may have hurt HER credibility but you didn't prove she took it.
ETA sorry -- didn't mean YOUR though I typed it originally.
There is a history of medical ailments and medication as far back as 9 years and the reason for the divorce was this issue.
So you consented to it for NINE years.

I also have photos and video of the packages in her purse, vehicle, and room. As well as inventory on a daily basis for a 1 month period. I think that it is going to be harder for her to prove she didn't do it than it is for me to prove she did. We are not talking about a bottle of Bayer asprin that is avail. on any store shelf.
But that does NOT mean she perjured herself. That was your question -- about her lying. You can't prove she lied. You can cast doubt that she is telling the truth.

My questions was more along the lines of the proceeding being dragged out for so long because we cant progress with the lying and we all know continuances and time to gather evidence that supports the truth costs huge money in legal fees. There is a temporary parenting plan proposed which she and her lawyer do not agree with. This is what is holding everything up. I have not been deposed, she has had no specialist investigating me and she only speaks to her lawyer when he calls her so her legal bills are nothing. (5k retainer) I am averaging 4-7k per MONTH! in legal and professional fees for this. It just seems like there is no end in sight if she keeps lying.
Then motion that she pay your attorney fees. But why is it costing 7k per month? what is it mom is requesting?
 
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singledadct

Junior Member
Thanks for all of the responses, it is very hard to be very detailed and get 9 years of stuff in. I will try to clear up a few things.
1. The medication being taken is not a controlled substance. (no logging of inventory)
2. I am trying NOT to destroy her life, just get her help, so my legal team has not notified her work.
3. I did not know she was taking this medication from work for 9 years, As soon as I realized it I filed for divorce. (within days)
4. My legal fees are for time my lawyer is spending dragging her to court to have the courts mandate things like drug testing, psych. eval, release of medical records etc. that her lawyer was denying access to. I also had to re-open deposition, pay the court stenographer, pay the Dr's for medical records etc.etc.etc. not to mention the lawyer for my daughter.
5. My stbx is not agreeing to the parenting plan that was proposed. I do not feel comfortable with my daughter being with her overnight while she is on her current regimen of medication. Before I filed for divorce she couldn't have cared less about my daughter and now she has to play Super Mom so it looks better for Family Relations and the court. I want her to be a part of my daughters life but it needs to be a healthy relationship.
 

Ohiogal

Queen Bee
Thanks for all of the responses, it is very hard to be very detailed and get 9 years of stuff in. I will try to clear up a few things.
1. The medication being taken is not a controlled substance. (no logging of inventory)
EVERY HOSPITAL OUT HERE logs their inventory of prescription drugs. If they don't they have major issues.

2. I am trying NOT to destroy her life, just get her help, so my legal team has not notified her work.
3. I did not know she was taking this medication from work for 9 years, As soon as I realized it I filed for divorce. (within days)
For 9 years you weren't paying attention then.

4. My legal fees are for time my lawyer is spending dragging her to court to have the courts mandate things like drug testing, psych. eval, release of medical records etc. that her lawyer was denying access to. I also had to re-open deposition, pay the court stenographer, pay the Dr's for medical records etc.etc.etc. not to mention the lawyer for my daughter.
What is your ex paying for her lawyer? Medical records need a court order to be granted. Are you submitting to drug testing and a psych eval as well?

5. My stbx is not agreeing to the parenting plan that was proposed. I do not feel comfortable with my daughter being with her overnight while she is on her current regimen of medication. Before I filed for divorce she couldn't have cared less about my daughter and now she has to play Super Mom so it looks better for Family Relations and the court. I want her to be a part of my daughters life but it needs to be a healthy relationship.
Did you ever leave mom alone with the child overnight when she was taking medicine? What meds are the problem in your opinion?
 

LdiJ

Senior Member
Thanks for all of the responses, it is very hard to be very detailed and get 9 years of stuff in. I will try to clear up a few things.
1. The medication being taken is not a controlled substance. (no logging of inventory)
2. I am trying NOT to destroy her life, just get her help, so my legal team has not notified her work.
3. I did not know she was taking this medication from work for 9 years, As soon as I realized it I filed for divorce. (within days)
4. My legal fees are for time my lawyer is spending dragging her to court to have the courts mandate things like drug testing, psych. eval, release of medical records etc. that her lawyer was denying access to. I also had to re-open deposition, pay the court stenographer, pay the Dr's for medical records etc.etc.etc. not to mention the lawyer for my daughter.
5. My stbx is not agreeing to the parenting plan that was proposed. I do not feel comfortable with my daughter being with her overnight while she is on her current regimen of medication. Before I filed for divorce she couldn't have cared less about my daughter and now she has to play Super Mom so it looks better for Family Relations and the court. I want her to be a part of my daughters life but it needs to be a healthy relationship.
If the medication is not a controlled substance, then how does it effect her parenting and why would she need "help"? If its not a controlled substance, its not addictive. If its not addictive, its not going to effect her parenting...

Please clarify this for us...what exactly is she taking?
 

Proserpina

Senior Member
If the medication is not a controlled substance, then how does it effect her parenting and why would she need "help"? If its not a controlled substance, its not addictive. If its not addictive, its not going to effect her parenting...

Please clarify this for us...what exactly is she taking?
I'm not splitting hairs, but that's not strictly accurate....

Diphenhydramine (benadryl) isn't a controlled substance - but people have been taking it to get a buzz, for years (though there is a difference between psychological and physical addiction).

Drugs such as this can (and often do) affect your ability to drive and can certainly affect your ability to parent a child safely.

(though I'm now curious and tempted to try and find court cases involving diphen!)
 

LdiJ

Senior Member
I'm not splitting hairs, but that's not strictly accurate....

Diphenhydramine (benadryl) isn't a controlled substance - but people have been taking it to get a buzz, for years (though there is a difference between psychological and physical addiction).

Drugs such as this can (and often do) affect your ability to drive and can certainly affect your ability to parent a child safely.

(though I'm now curious and tempted to try and find court cases involving diphen!)
Someone can get a buzz from benadryl? I never have and was unaware that it was possible. I do not however dispute what you are saying.

Nevertheless, if its not a controlled substance, its not illegal to take it without a prescription. All prescription drugs are controlled substances, that is why a prescription is required. I am thinking that he either meant something different than "controlled substance" or she is getting something for free at the hospital instead of paying for it over the counter, and he is making a mountain out of a molehill.

That's why I want to know just what it is that she is taking.

Example: The prescription version of naproxen sodium..anaprox is a non addictive pain medication that works just a tad better than Aleve, the over the counter version. Back in the "day" when those issues were issues for me, that was the only thing that could control my menstrual cramps, and anaprox did it just a tad quicker and more thoroughly than Aleve. So, if I had worked at a hospital and could have gotten anaprox instead of Aleve I might very well have done that...not stealing, but with a doctor's authorization.

I just want to know what she is taking...so that we can give the OP reasonable advice. He has made a big deal over the drugs, but then gave us an indication that he may be wrongly focusing on the drugs. That could seriously trip him up in court.
 

Proserpina

Senior Member
Someone can get a buzz from benadryl? I never have and was unaware that it was possible. I do not however dispute what you are saying.

Nevertheless, if its not a controlled substance, its not illegal to take it without a prescription. All prescription drugs are controlled substances, that is why a prescription is required. I am thinking that he either meant something different than "controlled substance" or she is getting something for free at the hospital instead of paying for it over the counter, and he is making a mountain out of a molehill.

That's why I want to know just what it is that she is taking.

Example: The prescription version of naproxen sodium..anaprox is a non addictive pain medication that works just a tad better than Aleve, the over the counter version. Back in the "day" when those issues were issues for me, that was the only thing that could control my menstrual cramps, and anaprox did it just a tad quicker and more thoroughly than Aleve. So, if I had worked at a hospital and could have gotten anaprox instead of Aleve I might very well have done that...not stealing, but with a doctor's authorization.

I just want to know what she is taking...so that we can give the OP reasonable advice. He has made a big deal over the drugs, but then gave us an indication that he may be wrongly focusing on the drugs. That could seriously trip him up in court.
(not hijacking, I promise - but since we're on the topic..)

JAMA has a short synopsis of OTC drugs and their non-medical use/abuse - there are some here Abuse of Prescription and Over-the-Counter Medications -- Lessenger and Feinberg 21 (1): 45 -- The Journal of the American Board of Family Medicine

(it's more commonly abused by teens who have no access to alcohol; it's cheap, easy to obtain and relatively safer than many other hallucinogens)

But yes, I'm also curious which drug OP was talking about.
 

singledadct

Junior Member
This is a catalog of medication that I removed from the home that did NOT have a prescription written for it. Some of the items may be OTC but I just cut and pasted the list from my records. The qty range of each medication was from 2-100 each. I have the equivilent of 2 grocery bags. The majority was cyclobenziprine (flexaril) Pseudoephedrine and Metformin.

Simethicone 80mg (non prescription foil)
Loperamide 2 mg (non prescription foil)
Loratadine 10mg (non prescription foil)
Guaifenesin 600mg (Hospital Foil)
Pseudoephedrine 30mg (Hospital Foil)
Pseudoephedrine 60mg (Hospital Foil)
Benzonatate 100mg (Hospital Foil)
Prednisone 20mg (non prescription foil)
Diphenhydramine HCL 50mg (non prescription foil)
Biaxin 500mg (non prescription foil)
Protonix Delayed Release 40mg (non prescription foil)
Acyclovir 200mg (non prescription foil)
Relpax 40mg (non prescription foil)
Ibuprofen 600mg (non prescription foil)
Cetirizine 10mg (Hospital Foil)
Cetrizine 5mg (Hospital Foil)
Acetaminophen 500mg / phenylephrine 5mg (foil)
Metformin 1000mg (non prescription foil)
Metformin 500mg (non prescription foil)
Metformin 850mg (non prescription foil)
Clindamycin HCL 150mg (non prescription foil)
Levothyroxine 112MCG (Hospital Foil)
Ferrous Sulphate 325 MG (Non-Prescription Foil)
Cyclobenzaprine 10MG (non prescription foil
Cephalexin 250MG (non prescription foil)
Gabapentin 300MG (Non Prescription Foil)
Singulair 10MG (non prescription foil)
Fenofibrate 145MG (Hospital Foil)
Ciprofloaxin 500mg (non prescription foil)
Tylenol Allergy (foils and boxes)
Tylenol Sinus (foils and boxes)
CVS Allergy relief (bottle)
Ibuprofin 800 (loose in ziplock bag)
Flowmax 0.4mg (sample bottle)

I know some people are very passionate about their responses and really dont know the whole story but I can reassure you I am not looking to make a mountain out of a molehill. I honestly did not know that this was going on for as long as it was, I made clear that I did not think that she was using this medication to get high, the problem was that she was self diagnosing and self medicating. I NEVER left my daughter alone with her overnight, I have a Nanny that lives with us since my daughter was 3 because of the medical issues my stbx has as well as her emotional detachment from my daughter. The Nanny is there to get her on / off the school bus and prepared for the day, occasionally if I am forced to be out of the home overnight for business she satys with the Nanny in her apartment. And AGAIN I maintain that I want her to be healthy so she can have a healthy relationship with my daughter.
 

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