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  1. #1
    soulpilot29 is offline Junior Member
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    Lying in documents to court--what penalty?

    What is the name of your state?New Jersey
    I have posted before on this site with extensive history of my problem ( in case anyone needs to see said history before answering) and I am currently in the process of getting before a Judge for a hearing. I filed a motion for court order for daughters college transcripts based on the fact that ex has not supplied me with any documentation for1 1/2 years and what she finally did provide was a computer generated unofficial transcript and a copy of a bill which I believe to have been altered to include my daughters' name. Ex also filed an answer through the court in which she states that she was unaware that daughter had married on July 2 this year. Met with my attorney and we prepared my response which included invitation to wedding, copy of application for facilities where wedding took place with my ex's name, address and home phone number on it (also showed anticipated attendance of 150 guests, ), and copy of calendar of events from where the reception was held, all showing wedding date of July 2. Mt attempt to prove fraud on my ex's part is to try to get the court to obtain college records to prove that ex has also falsified info about her attending college in the hopes of recovering child support money that was paid to ex. When I prepared my original filing with the court and subsequent response to her answer my attorney had me sign a letter of oath stating that all statements set forth by me were true to my knowledge. She also signed such a document when she filed her response. I questioned my attorney about the possible repercussions for her in court when the Judge saw documented proof that she had knowingly filed false info with the court and he told me that he honestly couldn't answer that as in his 25 years of practice he had seen arguements over interpretation but never dealt with someone who knowingly lied in a filing. My question is what will happen to my ex in court ? Is there a criminal charge against lying to the court or is it contempt and will there be any harsher repercussions than her being scolded and told not to do it again? Also, in her filing she has agreed to emancipate daughter as of July 2, will my showing that she knowingly lied about daughters marriage to continue to collect weigh in any decision the Judge makes to order the college transcripts? Again, my thanks for any and all advice and help, I greatly appreciate it.
  2. #2
    critterperson is offline Member
    Join Date
    Jan 2005
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    550
    Quote Originally Posted by soulpilot29
    What is the name of your state?New Jersey
    I have posted before on this site with extensive history of my problem ( in case anyone needs to see said history before answering) and I am currently in the process of getting before a Judge for a hearing. I filed a motion for court order for daughters college transcripts based on the fact that ex has not supplied me with any documentation for1 1/2 years and what she finally did provide was a computer generated unofficial transcript and a copy of a bill which I believe to have been altered to include my daughters' name. Ex also filed an answer through the court in which she states that she was unaware that daughter had married on July 2 this year. Met with my attorney and we prepared my response which included invitation to wedding, copy of application for facilities where wedding took place with my ex's name, address and home phone number on it (also showed anticipated attendance of 150 guests, ), and copy of calendar of events from where the reception was held, all showing wedding date of July 2. Mt attempt to prove fraud on my ex's part is to try to get the court to obtain college records to prove that ex has also falsified info about her attending college in the hopes of recovering child support money that was paid to ex. When I prepared my original filing with the court and subsequent response to her answer my attorney had me sign a letter of oath stating that all statements set forth by me were true to my knowledge. She also signed such a document when she filed her response. I questioned my attorney about the possible repercussions for her in court when the Judge saw documented proof that she had knowingly filed false info with the court and he told me that he honestly couldn't answer that as in his 25 years of practice he had seen arguements over interpretation but never dealt with someone who knowingly lied in a filing. My question is what will happen to my ex in court ? Is there a criminal charge against lying to the court or is it contempt and will there be any harsher repercussions than her being scolded and told not to do it again? Also, in her filing she has agreed to emancipate daughter as of July 2, will my showing that she knowingly lied about daughters marriage to continue to collect weigh in any decision the Judge makes to order the college transcripts? Again, my thanks for any and all advice and help, I greatly appreciate it.
    Sorry to hear about your situation**************.My ex has turned into a habitual liar since we started going to court....I have been told by my attorney that anything they present in court (even if it is a bold faced lie)......we have to argue it in front of a judge, and prove that they are not telling the truth**************..Quote on Quote "if everyone told the truth there would be no need for the courts....The courts are designed to sort out the truth from the lies"**************....It irritates me to no end!!! But that is the system at work, and his lies sort of help me because the judge doesn't like or favor liars......So in the end I WIN.... If it is shown that your ex was being dishonest for her own gain...The judge will most likely see that, and lean in your favor**************.
    Good Luck!!!!!
  3. #3
    betterthanher Guest
    Quote Originally Posted by soulpilot29
    What is the name of your state?New Jersey
    I have posted before on this site with extensive history of my problem ( in case anyone needs to see said history before answering) and I am currently in the process of getting before a Judge for a hearing. I filed a motion for court order for daughters college transcripts based on the fact that ex has not supplied me with any documentation for1 1/2 years and what she finally did provide was a computer generated unofficial transcript and a copy of a bill which I believe to have been altered to include my daughters' name. Ex also filed an answer through the court in which she states that she was unaware that daughter had married on July 2 this year. Met with my attorney and we prepared my response which included invitation to wedding, copy of application for facilities where wedding took place with my ex's name, address and home phone number on it (also showed anticipated attendance of 150 guests, ), and copy of calendar of events from where the reception was held, all showing wedding date of July 2. Mt attempt to prove fraud on my ex's part is to try to get the court to obtain college records to prove that ex has also falsified info about her attending college in the hopes of recovering child support money that was paid to ex. When I prepared my original filing with the court and subsequent response to her answer my attorney had me sign a letter of oath stating that all statements set forth by me were true to my knowledge. She also signed such a document when she filed her response. I questioned my attorney about the possible repercussions for her in court when the Judge saw documented proof that she had knowingly filed false info with the court and he told me that he honestly couldn't answer that as in his 25 years of practice he had seen arguements over interpretation but never dealt with someone who knowingly lied in a filing. My question is what will happen to my ex in court ? Is there a criminal charge against lying to the court or is it contempt and will there be any harsher repercussions than her being scolded and told not to do it again? Also, in her filing she has agreed to emancipate daughter as of July 2, will my showing that she knowingly lied about daughters marriage to continue to collect weigh in any decision the Judge makes to order the college transcripts? Again, my thanks for any and all advice and help, I greatly appreciate it.
    If you and your attorney are successful and proving your ex INTENTIONALLY lied in filing court documents, then that will destroy any credibility your ex has with the Judge. This is where interrogatories come into play as well. But it sounds like in your case, just her filing questionable documents is throwing her own self in front of the bus.

    You should research your state statutes on this type of situation. Whether it's criminal or not, you'd have to look. But, you'd definitely have a civil case.
  4. #4
    45Frank is offline Member
    Join Date
    Oct 2005
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    405
    Enother NJ victim.
    I haved proved at least 6 times that the X-wife lies just to lie. False police reports for DV just one there are many. Once told a Judge she had cancer just not to pay CS. It's been a year and still no proof as she left without paying any of the ten thousand she owes. 8 times now not a penny.
    In front of a Judge my attorney provided proof she made the story up and I was a 100 miles away at the time, by the way this cost me $3,500.00 and a day in jail as well as lost work. When my Lawyer asked for repercussions we were laughted at literally by a Jugde and told we don't have time for this, the end.
    FRO states no contact at work I subpoened coworkers who answered the phone when she clogged the switchboard for hours oh I was evendually fired. The judge"well I'll never find her guilty of this" as we walked out of court she threatened my life in front of a Judge and 30 others, was told by the prosecutor who was there he would take care of it. Three years later still waiting.
    Man in NJ courts = Wrong







    Quote Originally Posted by betterthanher
    If you and your attorney are successful and proving your ex INTENTIONALLY lied in filing court documents, then that will destroy any credibility your ex has with the Judge. This is where interrogatories come into play as well. But it sounds like in your case, just her filing questionable documents is throwing her own self in front of the bus.

    You should research your state statutes on this type of situation. Whether it's criminal or not, you'd have to look. But, you'd definitely have a civil case.
  5. #5
    Gracie3787 is offline Senior Member
    Join Date
    Aug 2004
    Location
    Central Florida
    Posts
    5,648
    Quote Originally Posted by 45Frank
    Enother NJ victim.
    I haved proved at least 6 times that the X-wife lies just to lie. False police reports for DV just one there are many. Once told a Judge she had cancer just not to pay CS. It's been a year and still no proof as she left without paying any of the ten thousand she owes. 8 times now not a penny.
    In front of a Judge my attorney provided proof she made the story up and I was a 100 miles away at the time, by the way this cost me $3,500.00 and a day in jail as well as lost work. When my Lawyer asked for repercussions we were laughted at literally by a Jugde and told we don't have time for this, the end.
    FRO states no contact at work I subpoened coworkers who answered the phone when she clogged the switchboard for hours oh I was evendually fired. The judge"well I'll never find her guilty of this" as we walked out of court she threatened my life in front of a Judge and 30 others, was told by the prosecutor who was there he would take care of it. Three years later still waiting.
    Man in NJ courts = Wrong
    It isn't just NJ, I know that it happens in Fl also. The court has never cared about any of the lies and frauds my husband's ex pulled in court. Oddly enough, there are Fl. laws that pertain to frauds committed in Family court, but all the Judges ignore them. I have yet to see any case where a MOTHER was sanctioned or punished for fraud in court, howver, I have seen alot of cases where a FATHER has been sanctioned and punished for fraud in court.
    Down here, it isn't a CP versus NCP thing, its a man versus woman thing, It really makes me sick.

    OP: Hopefully the Judge you get will be a law abiding one who will actually do something. I sure wish you luck.
    Gracie

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