bluez956 said:
I am in California. I have recently filed an OSC on my ex-spouse for modification of support among other things. 5 months ago she
filed an income and expense report loaded with false information.
part of the osc i filed is her explanation of the false information that was filed. My understanding is that i am beating a dead horse on this. why is the "under penalty of perjury" included on these forms if nothing is ever done about it? does she have to file a response? Is there a deadline for filing her response? Does she have to send me a copy of her response or must I request a copy from the clerk?
My response:
Responsive Declaration to Order to Show Cause or Notice of Motion. [For Judicial Council Form 1285.40]
At each item the responding party is given the option of consenting, not consenting, or consenting to a different order than that requested by the applicant, but note that as to child custody, visitation, and support (items 1–3) an alternative order must be proposed if the order sought by the applicant is not agreed to. Form 1285.40 may be used to request affirmative relief on the issues the applicant has raised, but affirmative relief on other issues must be sought by notice of motion or order to show cause. [Fam C §213]
The following papers must accompany the response:
(1). A declaration supporting requests for affirmative relief on the issues raised by the applicant, and stating the grounds for opposing the relief requested by the applicant, must be attached, unless it will fit in the space below item 12 on Form 1285.40.
(2). Financial declarations corresponding to those submitted by the applicant must be attached. The applicant is required to have served blank forms for these (as well as for the response itself). [CRC 1225(b)] Note that item 5 on Form 1285.50b, Expense Information, must be filled out if either party has requested attorney fees. [CRC 1243 (referring to a predecessor of current item 5)] Local rules may require other financial documentation.
(3). Memorandum of Points and Authorities. This need not be filed unless required by the court [CRC 1225(a)], but it is better to include points and authorities if the applicant has done so, if relief is sought or opposed on other than routine grounds, or if there is a legal as well as a factual basis for the opposition.
Local rules should be consulted regarding further requirements for responsive papers.
Yes, alleging that your ex-spouse "has lied under oath" is "worthless" and a waste of everyone's time, UNLESS you can prove, by clear and convincing evidence, that lies were made. Merely saying, "Your honor, that's a lie" is a worthless statement. If you're going to allege perjury, you had damn well be ready to prove it. Otherwise, the court will pay no further attention to you.
IAAL
