False Testimony by Spouse

[Bali Hai]

What would HIPAA have to do with anything?



So what's your goal?

Obviously to see that justice is served, fry her butt for lying under oath.

You're not suggesting that people should lie under oath are you?

 

[LdiJ]

Yup, it just might. Is it an official record of Mom's application/approval? What exactly is it? How was it obtained?

I obtained the computer printout while applying for some social services for my son. Their computer database said he was on Medicaid and that the mother was "active" on foodstamps and listed the months active. I was unaware that he was on Medicaid or that she received foodstamps as she did not report either on the interrogatories. I don't understand how my spouse can be allowed to lie directly under oath on an obviously critical matter and there not be a way the court or my lawyers can refute the testimony with records or testimony from a Public Aid worker. Does anyone know what HIPPA laws say on this?

With regard to Public Aid coming after me for the money, I only pay her a small amount of child support (200.00 per month) because of prior child support obligations and I have joint physical custody. So I think she might have legitimately qualified for the foodstamps even with my payments but just lied about it when they were figuring my child support.

How is food stamps an "obviously critical" matter?

What do food stamps have to do with a child support calculation? What does how much she spends on groceries (which appears to be what she was asked) have to do with a child support calculation?

If your state IS KY (which you didn't state) I sure don't see any questions on the child support calculator for either item.

If you are paying only 200.00 a month in child support its very likely that she qualified for food stamps and medicaid despite the fact that you pay support.

 

[Proserpina]

Obviously to see that justice is served, fry her butt for lying under oath.

You're not suggesting that people should lie under oath are you?

Uh..you do know what HIPAA is, right? Where in the world does HIPAA even come into play?

(I'm not seeing anything about a medical professional sharing medical information inappropriately - are you?)

ETA: Crud, sorry Bali - I misinterpreted your post. I do apologize.

(Though I'm still wondering how the heck HIPAA comes into play)

 

[bradb388]

My goal is to have the correct information supplied to the courts regarding my spouses expenses so that the correct amount of child support can be figured. I personally think she should be charged with perjury for knowingly giving false testimony but everyone says that doesn't happen in family/civil law. I also think this would damage her credibility in the eyes of the judge in the overall custody fight if I can show she lies so blatantly about financial matters.

 

[Proserpina]

My goal is to have the correct information supplied to the courts regarding my spouses expenses so that the correct amount of child support can be figured. I personally think she should be charged with perjury for knowingly giving false testimony but everyone says that doesn't happen in family/civil law. I also think this would damage her credibility in the eyes of the judge in the overall custody fight if I can show she lies so blatantly about financial matters.

And the HIPAA thing?

 

[Zigner]

My goal is to have the correct information supplied to the courts regarding my spouses expenses so that the correct amount of child support can be figured. I personally think she should be charged with perjury for knowingly giving false testimony but everyone says that doesn't happen in family/civil law. I also think this would damage her credibility in the eyes of the judge in the overall custody fight if I can show she lies so blatantly about financial matters.

Ok, let's reword it a bit. What effect do you think it would have on your support obligation if it's shown that she does, in fact, receive food stamps?

 

[bradb388]

The jurisdiction is Illinois. Sorry about the HIPPA question I was thinking about her getting Medicaid when I asked that but what law would it be that would cover confidentiality of public benefits received? I said "obviously critical" because each party was asked by the judge to list their current expenses. If my spouse says under oath she spends $300.00 on groceries when she actually pays NOTHING that seems pretty critical to me. Why have the parities list their expenses if it doesn't matter and you can just make things up?

 

[Proserpina]

The jurisdiction is Illinois. Sorry about the HIPPA question I was thinking about her getting Medicaid when I asked that but what law would it be that would cover confidentiality of public benefits received? I said "obviously critical" because each party was asked by the judge to list their current expenses. If my spouse says under oath she spends $300.00 on groceries when she actually pays NOTHING that seems pretty critical to me. Why have the parities list their expenses if it doesn't matter and you can just make things up?

How do you know she pays nothing?

 

[Bali Hai]

How is food stamps an "obviously critical" matter?

What do food stamps have to do with a child support calculation? What does how much she spends on groceries (which appears to be what she was asked) have to do with a child support calculation?

If your state IS KY (which you didn't state) I sure don't see any questions on the child support calculator for either item.

If you are paying only 200.00 a month in child support its very likely that she qualified for food stamps and medicaid despite the fact that you pay support.

If she qualifies for food stamps, does that entitle her to lie under oath?

 

[Bali Hai]

How do you know she pays nothing?

Let's assume for the moment that she pays nothing.

The issue is that she is lying under oath.

 

[Proserpina]

Let's assume for the moment that she pays nothing.

The issue is that she is lying under oath.

Hang on - I want to get something clarified:

OP, you said:

Their computer database said he was on Medicaid and that the mother was "active" on foodstamps and listed the months active. I was unaware that he was on Medicaid or that she received foodstamps as she did not report either on the interrogatories.

Did these records show that she was actually receiving a monthly food stamp benefit? Or just that she was simply classified as "active" for a certain amount of time?

(There's a very good reason for my question)

 

[LdiJ]

The jurisdiction is Illinois. Sorry about the HIPPA question I was thinking about her getting Medicaid when I asked that but what law would it be that would cover confidentiality of public benefits received? I said "obviously critical" because each party was asked by the judge to list their current expenses. If my spouse says under oath she spends $300.00 on groceries when she actually pays NOTHING that seems pretty critical to me. Why have the parities list their expenses if it doesn't matter and you can just make things up?

I IL, expenses do not matter when calculating child support. They can come into play in the overall divorce, depending on what is going on, but they are not relevant for the child support calculation.

I know of no state that takes things like groceries etc., into consideration when calculating child support.

Your child support is also so low, that there is very little chance that it could go any lower.

You are really making a mountain out of a molehill in this instance, because it honestly doesn't matter.

 

[Bali Hai]

I IL, expenses do not matter when calculating child support. They can come into play in the overall divorce, depending on what is going on, but they are not relevant for the child support calculation.

I know of no state that takes things like groceries etc., into consideration when calculating child support.

Your child support is also so low, that there is very little chance that it could go any lower.

You are really making a mountain out of a molehill in this instance, because it honestly doesn't matter.

Your evasion of OP's real question in this matter clearly points to the fact that you believe that it's ok to lie under oath as long as it doesn't affect the outcome.

 

[bradb388]

If expenses don't matter why did I/we have to list our expenses in the hearing on child support and both of us testify under oath. Her lawyer questioned me on my expenses and my lawyer questioned her. She explicitly denied being on food stamps in order to inflate her expenses. I'll concede my child support isn't likely to go down, but isn't the issue as bali said that she lied under oath and would it not be worth my time to prove it? On the computer printout it says "active" next to the month but that's why I wanted a public aid worker to testify as to what that meant if in fact she was lying. The social worker who gave me the printout said it meant that she was definitely receiving food stamps.

I realize that this false statement by itself will not get me custody of my child, but if I can prove she is deliberately lying enough times (and I believe I can) then it seems like the judge would at least consider that in awarding custody.

The food stamp thing bothers me because when we were married and living in Kentucky she successfully signed up for food stamps and Medicaid under her maiden name (pretended to be single) even though I make roughly $50,000 a year. Felony fraud right? I left her shortly after I found out what she was doing, but it was before my child was born and so far the judge has shut down that line of questioning from my lawyer. Again I say it goes to her credibility. How can she be a good mother while she is in jail for Medicaid fraud?

 

[Proserpina]

If expenses don't matter why did I/we have to list our expenses in the hearing on child support and both of us testify under oath. Her lawyer questioned me on my expenses and my lawyer questioned her. She explicitly denied being on food stamps in order to inflate her expenses.

That's not necessarily the correct assumption - she could legitimately be spending $300/month on food even with food stamps.

I'll concede my child support isn't likely to go down, but isn't the issue as bali said that she lied under oath and would it not be worth my time to prove it? On the computer printout it says "active" next to the month but that's why I wanted a public aid worker to testify as to what that meant if in fact she was lying. The social worker who gave me the printout said it meant that she was definitely receiving food stamps.

Here's why I asked the question.

Apparently the word "active" might only indicate that the person has had food stamps within the past (for example in North Dakota) 12 months - it is NOT an indication that she is actually receiving food stamps now, nor that she was actually receiving food stamps when she was in court. There is the possibility that she did NOT lie under oath at all.

I realize that this false statement by itself will not get me custody of my child, but if I can prove she is deliberately lying enough times (and I believe I can) then it seems like the judge would at least consider that in awarding custody.

Lying isn't illegal and I'm not even sure you have enough to justify it being looked at (though I actually hope you do - if she IS committing fraud it needs to stop).

The food stamp thing bothers me because when we were married and living in Kentucky she successfully signed up for food stamps and Medicaid under her maiden name (pretended to be single) even though I make roughly $50,000 a year. Felony fraud right? I left her shortly after I found out what she was doing, but it was before my child was born and so far the judge has shut down that line of questioning from my lawyer. Again I say it goes to her credibility. How can she be a good mother while she is in jail for Medicaid fraud?

Prove that you didn't know she was doing that. Seriously. If you bring that up any half-decent attorney will shoot it right back down and you could - with stunning ease - be seen as equally guilty. Your credibility could suffer just as much as hers.