My ex lied about retiring in court

[clowny1964]

What is the name of your state (only U.S. law)? oh

My ex husband lied to the judge about retiring. Said he had to retire for health reason when in fact he is still working for the same company but not as an employee but a consultant. He is double dipping the city. He said under oath he would not be working so i would get a smaller settlement. Is there anything I can do. He wont start his pers cause he is still working to prevent me from getting any retirement money. Does this mean he perjured himself in court?

 

[LdiJ]

What is the name of your state (only U.S. law)? oh

My ex husband lied to the judge about retiring. Said he had to retire for health reason when in fact he is still working for the same company but not as an employee but a consultant. He is double dipping the city. He said under oath he would not be working so i would get a smaller settlement. Is there anything I can do. He wont start his pers cause he is still working to prevent me from getting any retirement money. Does this mean he perjured himself in court?

Yes, it does, but don't hold out any hope of getting him prosecuted for that.

Is your divorce final? How long ago was it final? What proof do you have that he is working? How old is your ex?

 

[mistoffolees]

What is the name of your state (only U.S. law)? oh

My ex husband lied to the judge about retiring. Said he had to retire for health reason when in fact he is still working for the same company but not as an employee but a consultant. He is double dipping the city. He said under oath he would not be working so i would get a smaller settlement. Is there anything I can do. He wont start his pers cause he is still working to prevent me from getting any retirement money. Does this mean he perjured himself in court?

I don't know if he perjured himself because I don't know if he intentionally lied or whether he told the truth and then changed his mind. Neither do you - so drop the idea of 'getting him' for perjury.

Now, was the settlement you are referring to property division, child support, or spousal support?

If it's property division, his employment status probably didn't have much to do with it (in Ohio, it COULD, but I doubt if it had much impact). Therefore, it's unlikely that you'll get property division changed.

Child support? Could absolutely change - but you could go back and ask for reevaluation of child support based on change in circumstances. In some states, you can't go back until a certain period has elapsed, but I haven't looked up Ohio.

Spousal support? Similar to child support, but I believe most judges are less likely to reopen spousal support than child support.

 

[LdiJ]

I don't know if he perjured himself because I don't know if he intentionally lied or whether he told the truth and then changed his mind. Neither do you - so drop the idea of 'getting him' for perjury.

Now, was the settlement you are referring to property division, child support, or spousal support?

If it's property division, his employment status probably didn't have much to do with it (in Ohio, it COULD, but I doubt if it had much impact). Therefore, it's unlikely that you'll get property division changed.

Child support? Could absolutely change - but you could go back and ask for reevaluation of child support based on change in circumstances. In some states, you can't go back until a certain period has elapsed, but I haven't looked up Ohio.

Spousal support? Similar to child support, but I believe most judges are less likely to reopen spousal support than child support.

The amount of time that has passed factors in a great deal there...particularly if the spouse is to share in a pension that is NOT being received because the other spouse has NOT retired.

 

[mistoffolees]

The amount of time that has passed factors in a great deal there...particularly if the spouse is to share in a pension that is NOT being received because the other spouse has NOT retired.

But OP says that the other spouse IS receiving a pension. She's just complaining because he's also working as a consultant on the side.

 

[LdiJ]

But OP says that the other spouse IS receiving a pension. She's just complaining because he's also working as a consultant on the side.

Re-read the original post. She said:

He wont start his pers cause he is still working to prevent me from getting any retirement money

That indicates that his has NOT started collecting on his pension.

 

[mistoffolees]

Re-read the original post. She said:
That indicates that his has NOT started collecting on his pension.

Keep reading:
" in fact he is still working for the same company but not as an employee but a consultant. He is double dipping the city. "

Clearly, he's collecting his pension but also working as a consultant (rather than an an employee) so the city doesn't find out.

 

[nextwife]

How does she know he's getting a pension? And consultants don't get bennies, so doing the same sort of work as a consultant saves the city money.

 

[clowny1964]

my ex lied about retiring in court

we had planned to buy a house in Kentucky when he was suppose to retire in June 2008 and he got an offer to come back to his job after he retired as a consultant doing the same job but not be a city employee. we was going to take the job til he decided to leave me in april of 2008. he retired in november after our divorce was final in October. He stated to the judge he got the offer but due to health reason he was forced to retired and could no longer work in the field he was working in. he is working as the same title he was before the divorce so he is double dipping. I have not received a dime of his retirement money he was ordered to pay me. I am not out for revenge I just want what the judge ordered me to receive. he was also ordered to pay all marital debt which he has not done and hasnt paid spousal support since august 2008 he has ruined my credit and me financially. I finally got a job which i was jobless when he left me. trying to get back on my feet while he is living the high life with no struggle. PERS will not talk to me and my attorney has withdrawed cause he hasnt paid the fees yet. is there anything i can do

 

[nextwife]

I'm sorry, you keep saying he's "double dipping", but I don't see where he is being paid twice for the work he's doing now. And could he have frozen reciept of retirement benefits while consulting?

 

[mistoffolees]

we had planned to buy a house in Kentucky when he was suppose to retire in June 2008 and he got an offer to come back to his job after he retired as a consultant doing the same job but not be a city employee. we was going to take the job til he decided to leave me in april of 2008. he retired in november after our divorce was final in October. He stated to the judge he got the offer but due to health reason he was forced to retired and could no longer work in the field he was working in. he is working as the same title he was before the divorce so he is double dipping. I have not received a dime of his retirement money he was ordered to pay me. I am not out for revenge I just want what the judge ordered me to receive. he was also ordered to pay all marital debt which he has not done and hasnt paid spousal support since august 2008 he has ruined my credit and me financially. I finally got a job which i was jobless when he left me. trying to get back on my feet while he is living the high life with no struggle. PERS will not talk to me and my attorney has withdrawed cause he hasnt paid the fees yet. is there anything i can do

Please drop all the emotional issues and accusations of double dipping (as I understand what he's doing, it's not illegal) and answer the questions.

If I'm understanding you correctly:

1. He retired in November.
2. He continues to receive retirement payments.
3. He is also working while in retirement.

Please verify if that is correct. That is not illegal and happens quite a bit.

Now, please answer my earlier questions.

What does your decree say? What is it that you think you're supposed to be getting that you are not? Are you talking about property division, spousal support, or child support?

Until you answer those questions, no one can help you.

In the end, you're going to need an attorney to help you, so you'd better start figuring out how to come up with the money to pay your attorney.

 

[clowny1964]

my ex lied about retiring in court

My divorce states he is to pay attorney fees, spousal support and I am to receive a portion of his retirment from pers. He is to pay all marital debt which he is not. I havent received spousal support since august, he was suppose to have the retirment calculated and submitted to court.

Upon us going to court he was going to retire and work as a consultant. the judge ask him if he was going to continuing that after he retired. he stated due to medical reasons he could not continue to work in his field. I dont care about the double dipping I want him to pay the bills and what the judge ordered him to do.

 

[LdiJ]

My divorce states he is to pay attorney fees, spousal support and I am to receive a portion of his retirment from pers. He is to pay all marital debt which he is not. I havent received spousal support since august, he was suppose to have the retirment calculated and submitted to court.

Upon us going to court he was going to retire and work as a consultant. the judge ask him if he was going to continuing that after he retired. he stated due to medical reasons he could not continue to work in his field. I dont care about the double dipping I want him to pay the bills and what the judge ordered him to do.

There is still a very important question that you have not answered. Please answer it.

Is he receiving his pension or NOT?

 

[mistoffolees]

My divorce states he is to pay attorney fees, spousal support and I am to receive a portion of his retirment from pers. He is to pay all marital debt which he is not. I havent received spousal support since august, he was suppose to have the retirment calculated and submitted to court.

Upon us going to court he was going to retire and work as a consultant. the judge ask him if he was going to continuing that after he retired. he stated due to medical reasons he could not continue to work in his field. I dont care about the double dipping I want him to pay the bills and what the judge ordered him to do.

If you have a valid court order for him to pay you a percentage of his retirement and he hasn't paid it, you can file for contempt.

If you have a valid court order for him to pay spousal support and he hasn't paid it, you can file for contempt.

If he's making more money than the money he reported to the court at the time of divorce, you MAY be able to reopen the spousal support part of the agreement and get more money, but in most cases, that's not going to have a high chance of success and will be time consuming and expensive in any event.

Please drop all the stuff about him continuing to work after he retired. It is completely irrelevant and only clouds the issue.

 

[Ohiogal]

Yes, it does, but don't hold out any hope of getting him prosecuted for that.

Is your divorce final? How long ago was it final? What proof do you have that he is working? How old is your ex?

Really? You don't know that he perjured himself. In Ohio many people retire. Many people have taken a buyout. If they are city employees SOMETIMES it is possible that they could become contractors. Was he planning to be a contractor and had work as a contractor AT THE TIME OF THE DIVORCE? OR is this something that has happened since then?