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abstract99

Senior Member
What is the name of your state? Az

Every time that my ex and I go to court to get the child support changed I request her financial info. She never provides it and claims that she has no income. Because of this, I was only able to have minimum wage assigned. I finally subpoenaed her info and got it in the mail today. It states that she has been working for the past 2 1/2 years (with a 4 month break to give birth to her 4th child) and has been lying to me. Since she stated under oath that she didn't have an income can I have the child support made retroactive from the first time she lied? I did the math and there has been an overpayment of roughly 10,000 over the past 2 1/2 years.
 


CalifAtty..

Junior Member
abstract99 said:
What is the name of your state? Az

Every time that my ex and I go to court to get the child support changed I request her financial info. She never provides it and claims that she has no income. Because of this, I was only able to have minimum wage assigned. I finally subpoenaed her info and got it in the mail today. It states that she has been working for the past 2 1/2 years (with a 4 month break to give birth to her 4th child) and has been lying to me. Since she stated under oath that she didn't have an income can I have the child support made retroactive from the first time she lied? I did the math and there has been an overpayment of roughly 10,000 over the past 2 1/2 years.

My response:

The court may have "issues" with her, e.g. perjury, but to answer your question, no. This is what happens when litigants want to play "Perry Mason." So, you've learned an expensive $10,000.00 lesson. You had a "procedural duty" to Subpoena her records before you went to court on your first OSC, but you didn't, and this is the price you pay for not knowing or utilizing the law.

IAAL
 

abstract99

Senior Member
CalifAtty.. said:
My response:

The court may have "issues" with her, e.g. perjury, but to answer your question, no. This is what happens when litigants want to play "Perry Mason." So, you've learned an expensive $10,000.00 lesson. You had a "procedural duty" to Subpoena her records before you went to court on your first OSC, but you didn't, and this is the price you pay for not knowing or utilizing the law.

IAAL
The thing is, I asked for a subpoena a long time ago but the court said that since I was the obligor that I needed to provide proof that she was lying. Through the course of quite a few more subpoenas and a lot of days in court I finally got the ruling. When I got the subpoena for her bank records the judge told her that if she was lying that she would have a heavy price to pay.
 

CalifAtty..

Junior Member
abstract99 said:
The thing is, I asked for a subpoena a long time ago but the court said that since I was the obligor that I needed to provide proof that she was lying. Through the course of quite a few more subpoenas and a lot of days in court I finally got the ruling. When I got the subpoena for her bank records the judge told her that if she was lying that she would have a heavy price to pay.

My response:

Then, you obviously misunderstood. You get the "proof" through the Subpoena process, not some other method. The "heavy price" is her contempt of court that could lead to fines and/or jail time for her; i.e., the "price" she pays for lying to the court. You, on the other hand, were either bamboozled or, due to your unfamiliarity with the law, failed to take action when you were supposed to by failing to use a Subpoena. All you needed to do was buy a book on the subject, found in the "Legal" section of your local bookstore - - but, you apparently didn't.

The end result is that you're "out" a lot of money.

IAAL
 

abstract99

Senior Member
CalifAtty.. said:
My response:

Then, you obviously misunderstood. You get the "proof" through the Subpoena process, not some other method. The "heavy price" is her contempt of court that could lead to fines and/or jail time for her; i.e., the "price" she pays for lying to the court. You, on the other hand, were either bamboozled or, due to your unfamiliarity with the law, failed to take action when you were supposed to by failing to use a Subpoena. All you needed to do was buy a book on the subject, found in the "Legal" section of your local bookstore - - but, you apparently didn't.

The end result is that you're "out" a lot of money.

IAAL
Ok then, can I do anything based on the fact that my attorney sucked?
 

CalifAtty..

Junior Member
abstract99 said:
Ok then, can I do anything based on the fact that my attorney sucked?

My response:

Oh, now all of a sudden you're mentioning that you had an attorney? Got any more "new" facts?

To answer your question, however, yes, suck him back.

IAAL
 

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