perjury

[flash2go]

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

In a civil matter, what happens if a spouse lies under oath during a hearing? There was a recording of the hearing. Can the spouse be found in contempt for Perjury? Can I press charges for perjury and what/how much punishment does the spouse get? Do I need to make a motion for that?

Thanks!

 

[Ohiogal]

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

In a civil matter, what happens if a spouse lies under oath during a hearing? There was a recording of the hearing. Can the spouse be found in contempt for Perjury? Can I press charges for perjury and what/how much punishment does the spouse get? Do I need to make a motion for that?

Thanks!

LIed under oath by changing an answer which they had stated under oath previously?

 

[swrdmbo]

You need to think long and hard before you press charges.Your spouse will have a record as lying under oath is a crime.This may affect his employment(or hers) and as such be a problem for you. Are you really that vindictive?

My ex lied like a dog on a disposition.I had proof and could have had him sent to jail! He lied to keep from having to pay what he really should for child support.

I was very disgusted but truly did not see the point in having him found guilty of perjury ( he didn't know this and spent a few very uncomfortable months waiting for the hammer to fall).He would have had a little jail time,and a record. Not good for anyone.

I also considered what affect this would have had on my girls and decided it just wasn't worth it.

 

[flash2go]

I was acquitted and found not guilty at trial in a DV case. Before the trial, she placed an injunction and on trial day, served me with divorce papers. The problem I had from the beginning is that I don't have a lawyer and she does. I filed a motion to drop the injunction with these facts and MORE:

1. I was acquitted and not guilty (she made false statements)
2. I was evaluated and found to be mentally stable, balanced, not dangerous, not a threat to anyone (she lied to the state attorney to drag the case)
3. She lied in the injunction hearing under oath that I kicked her but when the judge asked her where I hit her, she failed to identify where on her body I kicked her. She said, "I don't know where he kicked me" - (during the same hearing). But she did NOT mention about the kick in the police report or in the DV trial at all.

During the motion hearing her lawyer blocked me and dominated me from talking, the Judge would not read what I submitted/filed and denied my motion. The other lawyer said the fact I was acquitted does not make any point and also said the motion was to be filed within 10 days but I was in custody waiting for trial until recently because she dragged the case with more lies. I filed the motion within one week of release. I am homeless, jobless, bankrupt, helpless with no lawyer. She deliberately did not give me my books, interview clothes, canceled my phone, canceled my auto-insurance, over-whelming me with court cases, etc so I cannot find a job to make money because she does not want me to have a lawyer so she can have the divorce at her terms. I am an IT consultant, can make over 100k a year. I went to court for 25 times in the last 5 months, 15 times for DV trial. She has my son with no contact/visitation. What else should I do to see my son? She is a traveling consultant, travels every week to other states/countries, moved my son to another state staying with him at a hotel for 2 months, drove him more than 100 miles for an interview and made an accident on the highway - because he cries all night if she leaves him with her aunt/uncle for the weekdays when she travels.

What are my options?

I need legal help very badly. Is there a lawyer in Palm Beach county that can work with me on a pro-bono or pay-later basis? I have not seen my child in 5 months and she is viciously and vindictively punishing me from having a normal relationship with my son. I love my son very dearly - he is my only family and the very meaning of my life. I cry all night, up all night, cry to sleep and cannot sleep more than 45 minutes. He cries for me all night and pees in his pants (because he misses me) even though he is potty-trained over a year ago. I raised him for 3 years working from home and we are the closest to each other. If there is anyone who can help me, please - do contact me...

 

[Silverplum]

I need legal help very badly. Is there a lawyer in Palm Beach county that can work with me on a pro-bono or pay-later basis?
{snip}
If there is anyone who can help me, please - do contact me...

No reputable attorney will troll internet boards to find clients. Use the "Find a Lawyer" feature on the right side of your screen, orange button. Also try the local Bar Association.

You could/should also read lots of Gracie's posts. She's an excellent FL contributor here:
FreeAdvice Legal Forum - View Profile: Gracie3787

 

[swrdmbo]

I apologize...so many of these cases are about money I erroneously figured yours was one of them.

I hope you find someone to help you as people that lie about DV really need to be held accountable. I am sorry I have no legal advice for you and wish you luck in your pursuit of justice and time with your son.

Sometimes these things just go so wrong.I am so sorry you are tied to such a woman.

 

[flash2go]

You need to think long and hard before you press charges.Your spouse will have a record as lying under oath is a crime.This may affect his employment(or hers) and as such be a problem for you. Are you really that vindictive?

My ex lied like a dog on a disposition.I had proof and could have had him sent to jail! He lied to keep from having to pay what he really should for child support.

I was very disgusted but truly did not see the point in having him found guilty of perjury ( he didn't know this and spent a few very uncomfortable months waiting for the hammer to fall).He would have had a little jail time,and a record. Not good for anyone.

I also considered what affect this would have had on my girls and decided it just wasn't worth it.

But she tried to have me convicted, deported with false statements, fradulent evidence, training/coaching her mentally-challenged son to lie to the police that I hit him and hit her. There were two cases - child abuse felony (dropped by the state and case closed) and dv (acquitted). She fabricated and sent some emails to herself from my email account to set me up for a long time and tried to use them in the trial which my public defender got dismissed. Now she is pressing charges that I violated injunction asking the judge to throw me in the JAIL. She is also pressing charges that I did not pay child support for 4 months asking the judge to throw me in the JAIL even though I was released only 20 days ago and don't have a job. She did mention in the injunction filing that I don't have a job. These motions are yet to come up for hearing soon. She was 500 lbs during wedding, 2 failed major gastric bypass surgeries, 2 follow up surgeries, came down to 275 lbs, had a baby, went back to 375 lbs, lost 14 jobs in 16 months, got fired from 8 jobs in as little as 8 days, 7 days, 4 days and even 2 days due to her obesity, moved us 6 states in 8 months, 4 states in 4 months, 2 states in just 3 days, etc. She made us bankrupt for the 2nd time and brought only distress into this marriage. Ever since we decided to file for a divorce 10 months ago due to her health issues, she started playing mind games trying to provoke me to get me to abuse her, asked me to leave the house, asked me how much she should pay me as price for my child so she could keep him, threatened me to have me arrested, convicted, deported, place injunction with no contact/visitation, file for divorce when I am in custody so I won't be able to counter it, that I would cry to death for my baby, etc, etc. Am I vindictive? I am just a compassionate, loving father.

 

[flash2go]

CORRECTION: But she did NOT mention about the kick in the police report or in the DV trial at all.

She did not bring her mentally-challenged son (my step son) as witness to the DV trial because I had a great public defender who was going to drill him with questions. But she brought her son to the injunction motion hearing so if it goes for a re-hearing as I requested, to use him as witness because now I don't have a lawyer But re-hearing of injunction was not granted either.

By the way, she made friends with my public defender by talking her for hours and days (she is a great talker) and my public defender started working for her. I had to literally replace my public defender with another defender to prove my innocense and win the case, turning down each and every plea deal the state attorney offered me (there was one that said "Just walk away, no classes, no probation, no community service"), humiliated to go to court for 15 times, frustrated from missing my son for 96 days in custody, went to trial riskiing my immigration status (I could be subjected for deportation) - for the sake of my son so he does not hate me thinking I am a criminal when he grows up.

 

[flash2go]

Does anyone know how much child support I should pay when I don't have a job or money? It was set at $600/month because when the judge asked how much I make during the injunction hearing, I said 50-75/hour (my billing rate RANGE), I was about to say I was jobless and not making it but the judge thought it was my salary and asked me to sit in the back seat. If it was salary, it would be a fixed amount/rate. The hearing ended abruptly and I wanted to say more but the sheriffs hushed me because I was in custody. I see the minimum child support is 74/month on the forms. Even this clause to reduce child-support was not granted to be modified in my motion to drop the injunction.

She makes more than 100k/year. She is supposed to make over 300k/year but cannot keep jobs due to her health issues. She even failed the higher education and the career I gave her (she never had a career). She only worked for 2+ years in the last 7 years.

 

[ProSeDadinMD]

You need to think long and hard before you press charges.Your spouse will have a record as lying under oath is a crime.This may affect his employment(or hers) and as such be a problem for you. Are you really that vindictive?

My ex lied like a dog on a disposition.I had proof and could have had him sent to jail! He lied to keep from having to pay what he really should for child support.

I was very disgusted but truly did not see the point in having him found guilty of perjury ( he didn't know this and spent a few very uncomfortable months waiting for the hammer to fall).He would have had a little jail time,and a record. Not good for anyone.

I also considered what affect this would have had on my girls and decided it just wasn't worth it.

I would not say that the OP would be responsible for the possible consequences of his ex's actions, nor should he really be concerned about them. She really should have thought of that on her own before lying under oath.

We have perjury laws for a reason.

 

[flash2go]

How do I go about asking the judge to find her in contempt for perjury and press charges for placing a false injunction against me with lies - making me miss companionship of my son from total alienation? Do I need to make a motion? What should I say?

TIA

 

[LdiJ]

I would not say that the OP would be responsible for the possible consequences of his ex's actions, nor should he really be concerned about them. She really should have thought of that on her own before lying under oath.

We have perjury laws for a reason.

I just noticed your knew signature quote...chuckle.

One thing that I need to mention is that its up to a DA whether or not to prosecute people for perjury. Unfortunately, when it comes to family law issues, I don't think I have ever encountered a case where a DA was willing to prosecute for perjury. I am not saying that it cannot happen, but I haven't encountered one, and lots and lots of people have asked about that....many with situations just as bad as OP's.

 

[Silverplum]

I just noticed your knew signature quote...chuckle.

One thing that I need to mention is that its up to a DA whether or not to prosecute people for perjury. Unfortunately, when it comes to family law issues, I don't think I have ever encountered a case where a DA was willing to prosecute for perjury. I am not saying that it cannot happen, but I haven't encountered one, and lots and lots of people have asked about that....many with situations just as bad as OP's.

I've never seen it in CO, myself. But maybe FL is different.

 

[flash2go]

I apologize...so many of these cases are about money I erroneously figured yours was one of them.

I hope you find someone to help you as people that lie about DV really need to be held accountable. I am sorry I have no legal advice for you and wish you luck in your pursuit of justice and time with your son.

Sometimes these things just go so wrong.I am so sorry you are tied to such a woman.

Yes, it is all about money! She used to get paid 5k/month in child support and 5k/month in alimony. Her ex stopped paying alimony and owes over 275k but she is afraid to sue him because he is rich and can retaliate by claiming custody of his son. She totally alienated her son from her ex for 10 straight years and he never came to see him in 10 years. After paying 5k/month in child support, he had it reduced to 784/month. She has been there and done that and she knows better about a divorce, custody, child support, alimony, etc. I was never divorced and know nothing of these issues and to make it worse, I don't have job/money for a lawyer. I am walking/biking for hours/miles in the hot FL sun - hungry - searching for a job. She has a eating disorder and eats 10-15 times a day. I am stuck at a half-way house and even though I am not an drug-addict/alchoholic, I have to attend mandatory meetings, there is a curfew for 12 hours (not supposed to leave premises during 630pm-630am) and I have only 50% freedom even after being found not guilty and released from custody.

She was bankrupt with 87k debt even after receiving 120k in one year, did not reveal her debt before our wedding and I had to take her bankruptcy of 117k on my head, paid her back-taxes 11k, set her up a staffing business for 23k which she failed, failed her surgeries, career. Even though we make 100s of thousands of dollars, all we have is just 2 cars due to her spending disorder and health issues. She made a joke out of this marriage.

 

[flash2go]

I just noticed your knew signature quote...chuckle.

One thing that I need to mention is that its up to a DA whether or not to prosecute people for perjury. Unfortunately, when it comes to family law issues, I don't think I have ever encountered a case where a DA was willing to prosecute for perjury. I am not saying that it cannot happen, but I haven't encountered one, and lots and lots of people have asked about that....many with situations just as bad as OP's.

I did not see any DA in the civil court. I am talking about her lying in the civil court in the injunction hearing despeartely to have it finalised from a temporary injunction. There is no state/district attorney in the civil court as far as I could see.