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