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Perjury ?

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skysthelimit

Junior Member
What is the name of your state? Massachusetts

My question is, when is a lawyer accountable for perjury.

On a finalcial sheet my x indicated that she had a mortgage in the amount of $115K, well as luck would have it I was searching the regisrty of deeds and found that the mortgage had been paid in full over a year ago, when I pointed this out to my lawyer she called to office to have her assistant confirm, yes it was paid off and when my lawyer confronted her lawyer she said well there was a second mortgage or a refi..well there is not. my lawyer consistantly asks me to reveiw my signed financial statement for accuracy as I should assume that she does to her client, and so I feel that she planned to include this as a financial obligation on my x wifes part and they both conspired to fruad, and further so when questioned and she made up additional excuses that again are false. the hearing was continued before going to the judge because of some discrepincys in the unpaid medical uninsured /co pays due. I feel that she continued the trail because of what I found ?
Is this perjury, is there any recourse, is there any accountability she has for her actions as a lawyer?
Thanks in advance
 
Last edited:


IAAL IS HERE!

Junior Member
skysthelimit said:
What is the name of your state? Massachusetts

My question is, when is a lawyer accountable for perjury.

First a little history that I feel is important.
In 2001 I was divorced, I was required to pay all marital debt, including and until the marital home was sold, along with a vacation house and a recreation vehicle. In all it was just under 8k per month, including $500wk child support. My income was 65k, the rest was attributed income, needless to say I was in court almost monthly, because I simply did not have the income to pay this type of debt.And every time I was in contempt, I borrowed or charged the shortage along with both her and my legal fee's. before long I filled for chapter 7. And was left unemployed because of the mutual distraction caused by the earlier events.
The combined equity was about 400K, the equity was divided 50%, (200k) after paying my portion of marital debt, all leagal fee's (mine and hers) and 75K put into an child support escrow acount. Once all the marital property was sold the burden eased a bit leaving me only with new living expenses & child support
I have been required to pay $ 500 weekly as child support and no alimoney.
over the past several years I have payed direct and also have had her draw from the escrow account, for which it was designed for. Her attorney felt that I should always pay direct and leave the $75K in the account for future events?, in 2002 I was brought in for contempt because of 1 week that was missed and the x did not draw from the account, it was then established that in the event that I chose to not pay direct , she is to withdraw the money from the account and it is not a contemptable event. So now the account is almost depleted I have filled for modification, In turn her attorney has filled for contempt, child support in arrears $75K, historicly if I was 75 cents in arrears I would have a summons waiting for me at my door by weeks end..this and some uninsured medical co pays that were never submitted to me to pay half of, as required. Even though I am self employed and pay $800 month for health care insurance for myself and the children, I understand that the amounts are due for the copays, less my co pay when I took anyone of my 3 children to the doctors. So here is my question, there is no dought that there is more hostility between my wifes lawyer and me, than between me and my ex wife. And she does whatever she can to put me in a less than favorable position..effectivley I might add, and I understand this is part of the deal, however now that I have a minimal income, I am responsible for the care of my 83yr old mother with alzheimers, and have been consistantly giving my children additional money, clothes ect. I am seeking some releif. Now to the point, in september we went to court for both the contempt and modification, On her finalcial sheet she indicated that she had a mortgage in the amount of $115K, well as luck would have it I was searching the regisrty of deeds and found that the mortgage had been paid in full over a year ago, when I pointed this out to my lawyer she called to office to have her assistant confirm, yes it was paid off and when my lawyer confronted her lawyer she said well there was a second mortgage or a refi..well there is not. my lawyer consistantly asks me to reveiw my signed financial statement for accuracy as I should assume that she does to her client, and so I feel that she planned to include this as a financial obligation on my x wifes part and they both conspired to fruad, and further so when questioned and she made up additional excuses that again are false. the hearing was continued before going to the judge because of some discrepincys in the unpaid medical uninsured /co pays due. I feel that she continued the trail because of what I found ?
Is this perjury, is there any recourse, is there any accountability she has for her actions as a lawyer?
Thanks in advance

If your post needs to be this long, then consult with a local attorney. You're damn lucky that anyone responded at all!
 

ENASNI

Senior Member
Oh yeah... and you are oh so lucky IAAL responded. :rolleyes:

Best to edit with paragraphs. or delete and cut out some of the details.
You will get better responses.
There is good advice here, not just crap from buttcheeses.
 
skysthelimit said:
What is the name of your state? Massachusetts

My question is, when is a lawyer accountable for perjury.

On a finalcial sheet my x indicated that she had a mortgage in the amount of $115K, well as luck would have it I was searching the regisrty of deeds and found that the mortgage had been paid in full over a year ago, when I pointed this out to my lawyer she called to office to have her assistant confirm, yes it was paid off and when my lawyer confronted her lawyer she said well there was a second mortgage or a refi..well there is not. my lawyer consistantly asks me to reveiw my signed financial statement for accuracy as I should assume that she does to her client, and so I feel that she planned to include this as a financial obligation on my x wifes part and they both conspired to fruad, and further so when questioned and she made up additional excuses that again are false. the hearing was continued before going to the judge because of some discrepincys in the unpaid medical uninsured /co pays due. I feel that she continued the trail because of what I found ?
Is this perjury, is there any recourse, is there any accountability she has for her actions as a lawyer?
Thanks in advance
<<<<<<<<<<<<<>>>>>>>>

Not sure if this will help, but my only goal is to suggest another option for an action plan: (My Colorado motion for CS modification)

I was pro-se, ex hired attorney to "squash me" by proving I had hidden income sources. Discovery requested my checking balances, pay stubs, tax records, etc. I then requested same from ex. I discovered two separate deposits of $10K she did not enter on financial affidavits, and one not reported on her IRS forms submitted, as well.

Two days prior to Court Hearing Date, ex and I attended required Moderator session. I let the ex strike first and present her "case" and financial "story". I then presented a historical spread sheet I constructed from her checking/savings accounts records provided to me through discovery.

I simply highlighted the two $10K deposits she had failed to report in this issue, and noted her failure to report one of the $10K amounts on her recent IRS forms she filed.(not an issue to me, but I noted it anyway). I stated my only goal was to agree on the fair request for modification prior to Court Date. I suggested she discuss this financial documentation with her attorney, prior to final appointment at her attorney's office the next day. (to attempt to settle the day before Court).

When I arrived at her attorney's office the next day, the modification terms I had drafted & submitted to them were already typed up and ready for my signature, along with their rehearsed speech to avoid discussion of the financial data. I was on my way in less than 25 minutes. Mission accomplished....I could care less about the rest of their drama**************.
 

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