False Financial Affidavit

[Nirelan]

What is the name of your state? IL

My ex-wife's financial affidavit shows that she spends $981.50 more than she earns each month. No one can live in shuch an mannor, so, obviously, she lied. I called her today to ask why the form was not accurate and she said that her attorney told her to list the false expenses.

This is not the first time that her attorney has allowed her, or her family, to testify falsely in our divorce. He allowed her mother to testify that her father has not threaten to shoot me (the incident occured in the attorney's office and the sherriff's were called).

Is this enough to have her attorney disqualified? The lies are getting rediculous.

[Ohiogal]

What is the name of your state? IL

My ex-wife's financial affidavit shows that she spends $981.50 more than she earns each month. No one can live in shuch an mannor, so, obviously, she lied. I called her today to ask why the form was not accurate and she said that her attorney told her to list the false expenses.

First of all, an attorney cannot legally or ethically tell someone to lie. Secondly, many people live above their means.

This is not the first time that her attorney has allowed her, or her family, to testify falsely in our divorce. He allowed her mother to testify that her father has not threaten to shoot me (the incident occured in the attorney's office and the sherriff's were called).

The incident occurred in her attorney's office? Did you prove that her mother was lying?

Is this enough to have her attorney disqualified? The lies are getting rediculous.

Prove that her attorney is making her lie.

[Nirelan]

First of all, an attorney cannot legally or ethically tell someone to lie. Secondly, many people live above their means.

Many people do live above their means, however the majority of the expenses were for things that she does not even have.

For example, she has been staying with her parents since we seperated and listed cable TV as an espense. Her parents do not have cable TV. She also listed rent as an expense, but pays no rent because she stays with her parents. I don't need to list everything, but there are many obvious lies.

The incident occurred in her attorney's office? Did you prove that her mother was lying?

Yes it occured in the attorney's office. His partner is a friend of my family and called us, as well as the sherriff's office.

I called my wife today to ask about the false information on the financial affidavit and she specificly said that her attorney told her to list the false expenses.

Thanks for the fast reply.

[MFinancier]

Originally Posted by Nirelan

What is the name of your state? IL

My ex-wife's financial affidavit shows that she spends $981.50 more than she earns each month. No one can live in shuch an mannor, so, obviously, she lied. I called her today to ask why the form was not accurate and she said that her attorney told her to list the false expenses.

This is not the first time that her attorney has allowed her, or her family, to testify falsely in our divorce. He allowed her mother to testify that her father has not threaten to shoot me (the incident occured in the attorney's office and the sherriff's were called).

Is this enough to have her attorney disqualified? The lies are getting rediculous.

Your Ex? Are you divorced? What is the affidavit for? Are you modifying something? It's standard procedure for people to pad their expenses but if it's really out of line with customary expenses they can end up destroying their standing in front of the judge. Just because she is living at her parents right now doesn't mean she shouldn't budget for rent or other necessities when she moves out though, because estimating appropriate budgets is necessary for both of you if any financial settlement, support or modification is being contemplated. And remember...her attorney works for HER...she's the one that ultimately signed the affidavit. You need to focus on moving forward...get the rest of your financials in order and start trying to settle whatever issues you have.

[LdiJ]

Originally Posted by MFinancier

Your Ex? Are you divorced? What is the affidavit for? Are you modifying something? It's standard procedure for people to pad their expenses but if it's really out of line with customary expenses they can end up destroying their standing in front of the judge. Just because she is living at her parents right now doesn't mean she shouldn't budget for rent or other necessities when she moves out though, because estimating appropriate budgets is necessary for both of you if any financial settlement, support or modification is being contemplated. And remember...her attorney works for HER...she's the one that ultimately signed the affidavit. You need to focus on moving forward...get the rest of your financials in order and start trying to settle whatever issues you have.

That is what I am thinking is possibly going on here. That her attorney is having her budget/estimate for living in her own home, rather than the temporary situation with her parents.

[wichitafalls1]

my lawyer had me put in what i would have to start paying for child care and all of my bills. i don't have child care yet, i have friends helping out right now, so i can research the day cares, but i was told i need to know what these thing would cost, even if there not in place yet, so i got an average of what things that would be needed for me and the kids to live. the copy i gave my lawyer had start dates and stuff like that so i felt better and that everyone knew i was not lying.

[Silverplum]

Originally Posted by LdiJ

That is what I am thinking is possibly going on here. That her attorney is having her budget/estimate for living in her own home, rather than the temporary situation with her parents.

But she sure as heck doesn't need cable tv, and neither do the children.

OP, watch this X like a hawk.

[LdiJ]

Originally Posted by Silverplum

But she sure as heck doesn't need cable tv, and neither do the children.

OP, watch this X like a hawk.

That's true, but that is also one of those things that is considered a fair budget line item for entertainment. For example, cable TV (an average amount, no premium channels) is an allowable expense in a bankruptcy.

[Silverplum]

Originally Posted by LdiJ

That's true, but that is also one of those things that is considered a fair budget line item for entertainment. For example, cable TV (an average amount, no premium channels) is an allowable expense in a bankruptcy.

In BANKRUPTCY.

Try it in Family Court.