False info on finanical affidavits

[kellya127]

What is the name of your state (only U.S. law)? Florida. My boyfriend went to court yesterday on a motion for attorneys fees for his ex wife. He was ordered to pay half. He doesn't make enough money to cover his half of our household since almost half of his check goes to child support. We also have his 2 girls half the time. I am a single mother who gets no child support. I have always struggled. Together we are happy but can barely keep the household running. They awarded the ex half of the fees because "he can afford to support his girlfriend". This is clearly not the case. Evidenced by his paychecks and our bank account. Also, on her financial affidavit she wrote that she is only receiving half of what the Dept. of Revenue has reported sending her from his paychecks. He even had a printout of payments from DOR. How can they look at my income in deciding whether he has an ability to pay her? I don't count for any thing else in this matter. Why my money? How do we show the judge that her financial affidavit does not accurately reflect the truth? She is even showing a health savings plan as an expense. She has lied throughout this entire process and has been held to no account. Please help.

 

[kellya127]

Also.... He was told to pay this $3,000 within 6 months or face jail. Has any one heard of such a thing. You can go to jail for not paying a lawyer?

 

[mistoffolees]

Also.... He was told to pay this $3,000 within 6 months or face jail. Has any one heard of such a thing. You can go to jail for not paying a lawyer?

You can not go to jail for not paying a lawyer.

However, you CAN go to jail for disobeying a judge's order to pay a lawyer.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Florida. My boyfriend went to court yesterday on a motion for attorneys fees for his ex wife. He was ordered to pay half. He doesn't make enough money to cover his half of our household since almost half of his check goes to child support. We also have his 2 girls half the time. I am a single mother who gets no child support. I have always struggled. Together we are happy but can barely keep the household running. They awarded the ex half of the fees because "he can afford to support his girlfriend". This is clearly not the case. Evidenced by his paychecks and our bank account. Also, on her financial affidavit she wrote that she is only receiving half of what the Dept. of Revenue has reported sending her from his paychecks. He even had a printout of payments from DOR. How can they look at my income in deciding whether he has an ability to pay her? I don't count for any thing else in this matter. Why my money? How do we show the judge that her financial affidavit does not accurately reflect the truth? She is even showing a health savings plan as an expense. She has lied throughout this entire process and has been held to no account. Please help.

When he was in court to discuss those matters, he should have brought the documentation with him. The court is not going to accept his word that she's lying, but if he has documents that she's lying, then it carries more weight.

This is one example of why people need attorneys to handle these matters (yes, I know. "He can't afford an attorney". but look at how much NOT having an attorney is costing him).

 

[kellya127]

Yes. I know He needs an attorney. Unfortunately, We don't have it. He did have those documents in court with him. That is what doesn't make sense. He had the documents from DOR and she had her hand written financial affidavit. THose were the only pieces of evidence. Also his financial aff. that had my info on it. I think that may have been the problem. Is there any way to go back and update the financials to have it reconsidered? What about this documentation that makes it cleared she lied?

 

[mistoffolees]

Yes. I know He needs an attorney. Unfortunately, We don't have it. He did have those documents in court with him. That is what doesn't make sense. He had the documents from DOR and she had her hand written financial affidavit. THose were the only pieces of evidence. Also his financial aff. that had my info on it. I think that may have been the problem. Is there any way to go back and update the financials to have it reconsidered? What about this documentation that makes it cleared she lied?

It's going to be tough.

If he discovers evidence that she lied AFTER the decree is finalized, that can be grounds to re-open it. Since he had the evidence before the hearing, he can't easily argue for re-opening it. He should have presented it at the time and explained what it meant. Either he didn't present it or didn't explain it to the judge. He can't reopen the case for his own lack of representation.

IF (and that's a big 'if') he did present the evidence and the judge made an error of law in ignoring it, then he would have grounds for an appeal, but that's very expensive and definitely not a DIY project.