Ex lied on affadavit - seeking reconsideration

[basscatcher]

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

I had filed a motion to increase my summer parenting time as I was going to be moving a bit further away and wouldn't get as much time during the school year (moving due to remarriage). Based on the distance I was moving, the old decree would've given me 6 weeks - I was asking for 12. I had written up my motion/affadavit and submitted it to the court with supporting reasons why I should be granted the increase. Also requested were items regarding imputing my ex's income, because she chooses not to work, and the annual child tax exemption.
In her response and affadavit, she fabricated a calendar of when I exercised my parenting time, stating that I had used significantly less time than what I actually had used (I have emails proving otherwise). She claims that her income should be imputed at $0 because she can't work due to her MS disability and hasn't worked since 1999 (I have W2's for her up to 2005 and emails about her working thereafter). Now, I understand that there are cases of MS where people can't work - she's not one of them. She also filed her taxes for 2009 claiming our son, when the old decree gave me odd years - and she had also signed an IRS form waiving her right to all future years.
Long story short - the order came back this week and the judge agreed with all of her requests. The new order actually gives me less time than what the old order would've given me. I was not able to submit additional evidence disproving her claims, nor were we afforded the opportunity during oral arguments. I believe the judge made his decision based on fraudulent claims, which I can prove.
We will probably be seeking a new motion for reconsideration. Is this the best route to go? There were so many inconsistencies and falsehoods in her affadavit that I'm hoping we'll be able to bring these to light in a new hearing.
Any advice?

Thanks!

 

[Silverplum]

Did you have an attorney representing you in court when the case was heard?
Do you have an attorney now?

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

I had filed a motion to increase my summer parenting time as I was going to be moving a bit further away and wouldn't get as much time during the school year (moving due to remarriage). Based on the distance I was moving, the old decree would've given me 6 weeks - I was asking for 12. I had written up my motion/affadavit and submitted it to the court with supporting reasons why I should be granted the increase. Also requested were items regarding imputing my ex's income, because she chooses not to work, and the annual child tax exemption.
In her response and affadavit, she fabricated a calendar of when I exercised my parenting time, stating that I had used significantly less time than what I actually had used (I have emails proving otherwise). She claims that her income should be imputed at $0 because she can't work due to her MS disability and hasn't worked since 1999 (I have W2's for her up to 2005 and emails about her working thereafter). Now, I understand that there are cases of MS where people can't work - she's not one of them. She also filed her taxes for 2009 claiming our son, when the old decree gave me odd years - and she had also signed an IRS form waiving her right to all future years.
Long story short - the order came back this week and the judge agreed with all of her requests. The new order actually gives me less time than what the old order would've given me. I was not able to submit additional evidence disproving her claims, nor were we afforded the opportunity during oral arguments. I believe the judge made his decision based on fraudulent claims, which I can prove.
We will probably be seeking a new motion for reconsideration. Is this the best route to go? There were so many inconsistencies and falsehoods in her affadavit that I'm hoping we'll be able to bring these to light in a new hearing.
Any advice?

Thanks!

 

[Silverplum]

9-29-09
https://forum.freeadvice.com/child-custody-visitation-37/evidence-sole-legal-custody-486337.html#post2371709

10-20-09
https://forum.freeadvice.com/child-custody-visitation-37/modification-parenting-time-489161.html#post2390017

2-6-10
https://forum.freeadvice.com/child-support-98/refund-excess-child-support-503680.html#post2482682

 

[basscatcher]

Did you have an attorney representing you in court when the case was heard?
Do you have an attorney now?

Yes I had an attorney representing me in court, and currently have an attorney. He agrees with possibily seeking a motion to reconsider, he is not so sure if we are going to be able to submit new evidence to disprove her statements.

 

[LdiJ]

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

I had filed a motion to increase my summer parenting time as I was going to be moving a bit further away and wouldn't get as much time during the school year (moving due to remarriage). Based on the distance I was moving, the old decree would've given me 6 weeks - I was asking for 12.

12 weeks was very unrealistic. That leaves no summer time whatsoever for mom and the child to have together. A judge wouldn't have given that to you.

I had written up my motion/affadavit and submitted it to the court with supporting reasons why I should be granted the increase. Also requested were items regarding imputing my ex's income, because she chooses not to work, and the annual child tax exemption.

So you were also trying to lower child support as well...even though you were gong to be moving away and able to exercise less time? Again, odds not in your favor.

In her response and affadavit, she fabricated a calendar of when I exercised my parenting time, stating that I had used significantly less time than what I actually had used (I have emails proving otherwise).

You stated in a previous thread that you had 42% on paper but that you have been exercising only about 30% since school started.

She claims that her income should be imputed at $0 because she can't work due to her MS disability and hasn't worked since 1999 (I have W2's for her up to 2005 and emails about her working thereafter). Now, I understand that there are cases of MS where people can't work - she's not one of them.

I hope you were more careful about your wording with the judge than you were in this thread. You would not like my work collegue's response to that paragraph (who is sitting at the next desk and happens to have MS).

She also filed her taxes for 2009 claiming our son, when the old decree gave me odd years - and she had also signed an IRS form waiving her right to all future years.

If 2009 was your year, and she gave you a form 8332 that gave you the exemption for all future odd years, then you can file a paper return, get your full refund, and then eventually the IRS will make her pay back the excess portion of her refund. However, please remember that you are NOT eligible for EIC or daycare credits. Those belong only to the parent with whom the child spends the most nights, annually.

Long story short - the order came back this week and the judge agreed with all of her requests. The new order actually gives me less time than what the old order would've given me.

A parent who moves away generally ends up with less time with their child. Its simply the reality of a long distance situation. A judge is not going to give one parent ALL of the summer and ALL of the holidays.

I was not able to submit additional evidence disproving her claims, nor were we afforded the opportunity during oral arguments. I believe the judge made his decision based on fraudulent claims, which I can prove.
We will probably be seeking a new motion for reconsideration. Is this the best route to go? There were so many inconsistencies and falsehoods in her affadavit that I'm hoping we'll be able to bring these to light in a new hearing.
Any advice?

Thanks!

You can file a motion for reconsideration but of those things you have been specific about, 12 weeks of summer, trying to lower child support (or avoid an increase) trying to keep the same amount of time when you are moving away from the child, her disability....It looks to me like the judge ruled pretty much the way that a judge would be expected to rule.

You are making a choice to marry someone that is apparently causing you to have to move away from your child. That's a voluntary situation on your part. You cannot expect the judge to do anything any differently than he/she did.

You also come perilously close to seeming to be more about the money than anything else. That wouldn't help you either if the judge picked up that vibe.

 

[InsaneJane]

Yes I had an attorney representing me in court, and currently have an attorney. He agrees with possibily seeking a motion to reconsider, he is not so sure if we are going to be able to submit new evidence to disprove her statements.

Copies of her W2's will probably work.

 

[LdiJ]

Copies of her W2's will probably work.

His attorney has already stated that he may not be able to present new evidence. That would be new evidence.

 

[CJane]

His attorney has already stated that he may not be able to present new evidence. That would be new evidence.

I think OP needs to seriously consider whether his attorney is adequate for the task. I mean, if he doesn't know whether new evidence will be allowed under a reconsideraton... If he led OP to believe that his request for the entire summer was reasonable... I would, at the very least be questioning this guy pretty thoroughly before I agreed to any further action.

 

[ecmst12]

And how do you know her condition hasn't worsened in the last few years? MS is progressive. Do you have access to her medical records?