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Ex wife lying about child support received

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DMHAMM

Guest
What is the name of your state? California

My exwife lied to the DA on legal documents that she did not receive child support from me for approx 3 years when I actually did pay. The total amount was about 23,000.00. How can I pursue criminal charges against her for perjury? I do have copies of all checks she received.
 


racer72

Senior Member
Unless she stated the information while under oath in court, it is not perjury. Individuals cannot bring criminal charges against others, only a prosecutor can. You have your proof, she will look like a fool when you present it. And other than presenting this proof when requested, there is nothing you can do.
 
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DMHAMM

Guest
Ex-wife lying about support recieved

Thanks racer72 for your reply. She stated in court documents under penalty of perjury that she did not receive payments and signed that document. The problem is that the County won't go after her no matter what she has done. It's like she can do or say anything she wants and they believe her and I am the one one the fire.
 
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badtenant

Guest
Then file for sole custody because of her lying...and enter those documents...
 

I AM ALWAYS LIABLE

Senior Member
badtenant said:
Then file for sole custody because of her lying...and enter those documents...

=====================================

My response:

Badtenant - -

First of all the "children" are now 21 and 23. Hardly eligible for "custody" - - and you would have known this had you read this writer's other post.

Second of all, assuming the children were still minors, perjury is not a sufficient ground, or ANY ground, for a change of circumstances warranting a change of custody.

Third of all, you're too stupid. Stay off the damn "Family Law" forums, goddammit!

IAAL
 

I AM ALWAYS LIABLE

Senior Member
DMHAMM said:
What is the name of your state? California

My exwife lied to the DA on legal documents that she did not receive child support from me for approx 3 years when I actually did pay. The total amount was about 23,000.00. How can I pursue criminal charges against her for perjury? I do have copies of all checks she received.

My response:

Obviously, the "lie" will result in an overpayment. The reason why the county won't do anything is because they have too much on their hands and too few employees to handle it all. Second, since this impacts you directly (in the wallet), you have your own personal remedies; e.g., you would file a "Motion for Reimbursment of Overpayment" with the California court, serve it on her, and drag her back into court to explain herself, and defend against your Motion.

However, whether to order reimbursement of the overpayments is discretionary with the court. In making that determination, and in establishing the repayment terms, the court "shall consider" the following (Ca Fam § 3653(c)):

• The amount to be repaid;

• The duration of the support order before it was modified or terminated;

• The financial impact on the support obligee of any particular repayment method, such as an offset against future support payments or wage assignment; and

• "Any other facts or circumstances that the court deems relevant." [Ca Fam § 3653(c)(1)-(4); see Marriage of Dandona & Araluce, supra, 91 Cal.App.4th at 1126-1127, 111 Cal.Rptr.2d at 394-395--$10,990 overpayment reimbursement pursuant to spousal and child support reduction affirmed despite W's claim she "spent all the support money" (trial court could reasonably infer from evidence presented that W's "financial condition was strong and repayment was both fair and not a hardship")]

IAAL
 

tigger22472

Senior Member
Do you have proof that it was paid? ie... cancelled checks or what not? My ex was ordered to pay through the court. He gave me $323 during a three week period once to me by money order. When I had a meeting with CSE I let them know he had given that to me and wrote a letter stating such. When I told them I was informed that I didn't have to report it. I could of considered it a gift since it wasn't done through the courts as ordered. I reported it... just so everyone knows.
 
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DMHAMM

Guest
Ex-wife lying about support recieved

tigger22472
The only stupid person here is you. Obviously, you are a person with issues. If you don't know what you're talking about, stay off this site. Some of us have real problems and you have a problem with reality.
 

tigger22472

Senior Member
Re: Ex-wife lying about support recieved

DMHAMM said:
tigger22472
The only stupid person here is you. Obviously, you are a person with issues. If you don't know what you're talking about, stay off this site. Some of us have real problems and you have a problem with reality.
Excuse me???? What is your problem? All I did was misread your post and state how CSE looks at things so that YOU don't get screwed. THAT is reality, Thank you very much.
 
T

theother

Guest
DMHAMM,

You do know that the last paragraph of tigger's post is her signature line that is tacked on to everything that she posts, right? It was not directed at you personally. She was not calling you stupid. I sure hope you misread that because your attack on her was kind of unjustified IMHO.
 

tigger22472

Senior Member
theother said:
DMHAMM,

You do know that the last paragraph of tigger's post is her signature line that is tacked on to everything that she posts, right? It was not directed at you personally. She was not calling you stupid. I sure hope you misread that because your attack on her was kind of unjustified IMHO.
I hope this is the case theother. I never thought that might have been what he thought... thank you for bringing that up. I was just so dumbfounded this person was going off on me that I didnt' think about it. :) I was sitting here fuming because I didn't think I gave bad advice... thought I was just stating how CSE looks at things so he could protect himself... GEEZ....lol
 
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DMHAMM

Guest
Ex-wife lying about support recieved

tigger22472

I am EXTREMELY sorry! I had no idea about that last paragraph. I did take it personally and I am sooo sorry. Now that I know, it won't happen again. I am really embarrased that I said those things to you. Please forgive me.
 

tigger22472

Senior Member
Re: Ex-wife lying about support recieved

DMHAMM said:
tigger22472

I am EXTREMELY sorry! I had no idea about that last paragraph. I did take it personally and I am sooo sorry. Now that I know, it won't happen again. I am really embarrased that I said those things to you. Please forgive me.
Apology accepted!! :) And I too apologize. I put that signature there recently because there have been issues here lately where people aren't listening to their LEGAL rights or what can be done but want to hear ONLY what they want to hear and dispute and argue with everyone when they are told differently.

However, to address your post, I do wish you luck and you will learn here and will hear over and the following phrase.... DOCUMENT DOCUMENT DOCUMENT. That is what saves your ass from getting screwed by an ex that is vindictive. They are all out there, CP's and NCP's alike and some of them visit here :( One of my first questions to you is, Is your ex pursing this? Has she filed court papers or is the state coming after you in any way? My advice to you is defend yourself if you have to in court... if she just accusing you of this and hasn't done anything as far as court.. you might want to leave a sleeping dog lie. Your children are of age that I assume you are no longer paying support and you in essence don't really have to deal with your ex if you don't want to.
 

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