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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 05-19-2011, 12:32 AM
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Default Lying in affidavits in family court and perjury charges in criminal court

I have caught my ex in 2 bold face lies.

The first saying that my social worker said a number of things, that would allow him to negate his cost order and cause me possibly to get charged with welfare fraud, which she totally denies and is willing to write a written statement to that fact

The second is...he has been unwilling to file his income taxes for the last 2 years, stating he couldn't because I have all the necessary paper work, again untrue. He said he had one of the years filled out and waiting to be filed with HR block, but yet I find out he has all the years filled out and all he need to do was pay them to have them filed. The last 7 court appearances had been about this. This has cost my parents at least 10 grand in costs. The last court appearance the judge threaten to stricken his record if he didn't file them, which he got them filed on the last day

My lawyer suggests we shouldn't go after a perjury charge, because the court system never takes them seriously. I am considering going over him and taking these facts to the crown. I used these 2 particulars out of a select few because they are dealing with arms length persons. Thoughts?
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Old 05-19-2011, 01:18 AM
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I think your lawyer gave you sound advice and rather than run off on a tangent, get back on track and focus on your most primary issues.
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Old 05-19-2011, 09:08 AM
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Chances of anything coming of this.....slim to none.

A crown will probably look at you as a bitter ex-spouse and take the information with a grain of salt, if they even take it at all.

You are better focused on moving on and being the better person then trying to play "gotcha".
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Old 05-19-2011, 09:29 AM
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I'm the bitter person when he is lying. It says right on the front of the affidavits that untrue statements can be charged with pergury. So you are saying that lying in court makes little to no difference. Its not like I'm using relatives to contradict him. One is a government official and the other is a employee of HR block. Has the court system gotten so bad that even the statements the courts are making are lies.
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Old 05-19-2011, 09:45 AM
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Quote:
Originally Posted by Annie33 View Post
I'm the bitter person when he is lying. It says right on the front of the affidavits that untrue statements CAN be charged with pergury. So you are saying that lying in court makes little to no difference. Its not like I'm using relatives to contradict him. One is a government official and the other is a employee of HR block. Has the court system gotten so bad that even the statements the courts are making are lies.
I have editted your post to highlight the important word - can - it means not 100% will be, but can be.

I understand your issue. But the reality is your concern is SSOOOOO far down on their totem pole of things they care about that your chances of getting someone to give this serious consideration is slim.

Notwithstanding the fact that this would have to go to court, using court resources with a case that (as much as you'd like to think so) isn't a slam dunk and will amount to not much more then a slap on the wrist.

I mean really, what remedy do you want here? The max punishment is like 90 days in jail or something and a fine of a few grand. The likelihood of getting the max are slim. Chances are he will be told to take better care when filing his statements and possibly pay a few hundred dollars.

I mean, people complain about how long it takes to get court dates nowadays and how backlogged they are. There are more important uses of court resources then this.
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Old 05-19-2011, 09:50 AM
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Take the advice of your lawyer~ and Hammerdad is right. If it was a "criminal case", it would be hopefully different. The courts do not have the time or staff to deal with all issues, considering your issue being minor. Any Judge will see how uncooperative he is and has been and can make the decsion to "impute his income" so if you have any other documents/proof showing other source of income, assets, provide this to your lawyer. Your lawyer knows all of this. Why do think the Family Court System is so backed up? people lie in Court all the time, including at trial as I am finding out. Some of these people get away with it, and at the end, reality is: all comes down to the Judge making the decision.
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Old 05-19-2011, 10:07 AM
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The perjury is a waste of time from what I'm told but you certainly could have asked for costs each time your ex chose to waste your time in court
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Old 05-19-2011, 10:18 AM
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In your case, what you should be doing is getting that social worker to write an affidavit and attaching that as exhibit evidence to your answer on his motion where he claimed that.

You would use it to rebut his position and to show a pattern of lying. That way when he tries stupid games like that, you simply haul out the proof he's a liar and slap it down. It just makes YOUR side that much more compelling.

Like I kept joking about with friends when I was undergoing MY custody dispute...If you are going to LIE about something, for the love of God, make sure it's something the other side doesn't have hard evidence to the contrary.

My ex did it all the time, hell her exhibit evidence at one point directly contradicted her accusation. THAT was an amusing point to rebut..."The allegation of XXXXX is false, as shown by the applicant's own exhibit evidence, item X, point Y."
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Old 05-19-2011, 11:13 AM
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Court costs are garbage when someone plans on going bankrupt. My understanding is the only allowable costs that survive bankruptcy are alimony and child support.

I have also recently found out that the doctor that reported him unfit to drive truck, or work in general, either didn't report my ex to the ministry or, they deemed him fit to drive truck. The ministry has yet to suspend his license, and its been 7 months
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Old 05-19-2011, 11:13 AM
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By the way I thank everyone for their responses.
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