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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1 (permalink)  
Old 11-28-2016, 04:29 PM
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Default Perjury in an Affidavit

I have a strange case, and I hope I can get some advice about it. I had a lawyer earlier, but I can no longer afford one.

My wife made a libellous charge in her Application. She claimed that I earn undisclosed income criminally and that she knows that I did so throughout our marriage. She wants the court to impute income to me on the basis that I moonlight as a crook and have done so for many years.

Her claim is about like "he sells heroin to kids at the local high-school and doesn't declare the income on his taxes." It is crazy and highly defamatory.

I have a Final Order and already pay child support according to Tables. For the divorce my wife needed something to suggest a change of circumstances. A gigantic lie was what she came up with.

Thus far this amounts only to 'he-said she-said'. I have been looking through the family-law sources on the internet, and I see that perjury in legal documents is common and family-law judges are not especially concerned about it. She says one thing, I say another, and the judge will eventually have to decide which one of us is telling the truth when we get to trial.

But what makes this case unusual is that my wife subsequently, back when I could still afford a lawyer, acknowledged during Questioning that the libel that appeared in her Application was not true. In other words, in Questioning by my lawyer she clearly contradicted her Application on a crucial point. It is therefore obvious that she perjured himself.

To my surprise, she has recently re-introduced her incredible lie in a Motion scheduled to be heard a few weeks from now. She re-introduced the lie in her second affidavit in support of the Motion. I thought I'd seen the end of it after Questioning.

So she is re-telling the lie now, after telling the truth several months ago. I can't reply to her perjury in another affidavit, because I am the Respondent. She gets two affidavits, and I only get one.

I think her perjury must be a serious matter, and I would like some advice about what can be done about it.

My questions are as follows:

Is this *obvious* perjury a serious matter? It seems to me that it should be, but I don't know, and I can no longer afford to breathe in the presence of a lawyer, let alone consult one.

And if this obvious perjury is in fact a serious matter, how can I bring it to the attention of the Justice hearing the Motion? Can I write to him? Should I write to someone else? Can I present the relevant portion of the transcript of her Questioning during the hearing for the Motion? I don't know what goes on at a Motion. Do I have to wait until after the Motion? I hope I don't have to wait until the trial before bringing this important fact to the attention of some judge.

Given the absurdity of the charge, and the fact that she denied it herself during Questioning, I'm hoping I can end this now and get an uncontested divorce. I assume her libel will be great for me in asking for legal costs, but I'd prefer that this idiotic case not go that far.

I'd really appreciate any advice. This case is just as crazy as it sounds.

Last edited by jim222; 11-28-2016 at 04:40 PM. Reason: typo
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Old 11-28-2016, 06:46 PM
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My ex lied so much he actually believed his own lies. It was only when a judge pointed out his inconsistencies that he admitted he may have been incorrect.

I recall during my early years in family court being quite astounded that my ex would blatantly put lies in his affidavits. My lawyer laughed at me. It is common place. Nothing or little is done about it in family court.

Costs do not necessarily cover all of your legal fees. Costs are assessed on the reasonableness of the parties. Read up on formal offer to settle (you have made several formal offers to settle right?).

BTW... if your ex is accusing you of living off the avails of something illegal, while married to you, then she's shooting herself in the foot isn't she?

Onus is on your ex to prove your "illegal" income or at least convince the court that your standard of living was obscenely higher than the income you can account for (legally).
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Old 11-28-2016, 07:24 PM
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Nothing special at all.
All you do is ask her at trial, to explain how she said X at one point (ideally, you have a stenographer prepare the transcript of the last hearing) and now she is saying Y. She can deny it all she wants and then you produce the transcript.

You do not need to introduce the transcript in advance of the hearing you can actually just "spring it on her" after she denies it because it isn't "evidence" it's part of the court record.

Make sure you have all the exit's covered, because the bitch is going to squirm.

All you do going forward is refer to the story she has been telling and how it's a sign she is an unreliable witness and theoretically it will weigh her down in future he said/she said situations.
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Old 11-28-2016, 07:37 PM
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Default Perjury in an Affidavit

I wouldn't worry about the perjury part. Just prove that she lied, if you can, then her credibility is out the window. The judge won't believe a damn word she says after that point, unless it's a fact / backed by evidence


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Old 11-29-2016, 09:45 AM
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Best way to end this show up with a criminal record check on yourself...hopefully it is clear of anything criminal.
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Old 11-29-2016, 09:59 AM
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so she is trying to say that you sold drug while she was married to you, knew about it but didn't report you? Lol she is not really thinking that all through. If this indeed did happen then I am pretty sure that there are some sort of charges she could be facing for not reporting you so she would be setting her up for serious trouble.

One thing my dad always told me when I catch someone in a lie..."give them enough rope and let them hang themselves" Meaning eventually a liar will take it too far and ruin their credibility.
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Old 11-29-2016, 01:31 PM
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Quote:
Originally Posted by jim222 View Post
My wife made a libellous charge in her Application. She claimed that I earn undisclosed income criminally and that she knows that I did so throughout our marriage. She wants the court to impute income to me on the basis that I moonlight as a crook and have done so for many years.
This is common. Sad to say. The onus falls on that party to prove the evidence. It is a statement of "belief" and "hearsay". Under the rules of evidence it won't be considered unless she can produce evidence to support her belief.

Affidavits and other documents in Family Law are full of nonsense like this. Allegations of Satanism are very common. The more absurd they are and impossible to prove the better it is for you.

/ignore the nonsense.

Quote:
Originally Posted by jim222 View Post
Her claim is about like "he sells heroin to kids at the local high-school and doesn't declare the income on his taxes." It is crazy and highly defamatory.
Who cares?

Quote:
Originally Posted by jim222 View Post
I have a Final Order and already pay child support according to Tables. For the divorce my wife needed something to suggest a change of circumstances. A gigantic lie was what she came up with.

Thus far this amounts only to 'he-said she-said'. I have been looking through the family-law sources on the internet, and I see that perjury in legal documents is common and family-law judges are not especially concerned about it. She says one thing, I say another, and the judge will eventually have to decide which one of us is telling the truth when we get to trial.
Credibility will be the big issue. Simply don't respond with nonsense or to the nonsense. Just call it was it is. Nonsense.

Quote:
Originally Posted by jim222 View Post
But what makes this case unusual is that my wife subsequently, back when I could still afford a lawyer, acknowledged during Questioning that the libel that appeared in her Application was not true. In other words, in Questioning by my lawyer she clearly contradicted her Application on a crucial point. It is therefore obvious that she perjured himself.
The application is not a sworn statement. But, it will damage her credibility.

Quote:
Originally Posted by jim222 View Post
To my surprise, she has recently re-introduced her incredible lie in a Motion scheduled to be heard a few weeks from now. She re-introduced the lie in her second affidavit in support of the Motion. I thought I'd seen the end of it after Questioning.
Again, respond simply that para X is false and hearsay.

Quote:
Originally Posted by jim222 View Post
So she is re-telling the lie now, after telling the truth several months ago. I can't reply to her perjury in another affidavit, because I am the Respondent. She gets two affidavits, and I only get one.
Who cares. She can double down and show the judge how conflicted she is. Just don't go on the assault.

Quote:
Originally Posted by jim222 View Post
I think her perjury must be a serious matter, and I would like some advice about what can be done about it.
Nothing can be done. What a judge can do is determine credibility with the other party is nil to none.

Quote:
Originally Posted by jim222 View Post
My questions are as follows:

Is this *obvious* perjury a serious matter? It seems to me that it should be, but I don't know, and I can no longer afford to breathe in the presence of a lawyer, let alone consult one.
It will impact the credibility of the other party. Absurd comments are always made in family court. Let the judge sort it out.

Quote:
Originally Posted by jim222 View Post
And if this obvious perjury is in fact a serious matter, how can I bring it to the attention of the Justice hearing the Motion? Can I write to him? Should I write to someone else? Can I present the relevant portion of the transcript of her Questioning during the hearing for the Motion? I don't know what goes on at a Motion. Do I have to wait until after the Motion? I hope I don't have to wait until the trial before bringing this important fact to the attention of some judge.
You simply respond that it is hearsay and false. That is all you need to do. Don't write letters and get all upset by the comments. You have to simply address them in a professional manner and state they are false and hearsay.

Quote:
Originally Posted by jim222 View Post
Given the absurdity of the charge, and the fact that she denied it herself during Questioning, I'm hoping I can end this now and get an uncontested divorce. I assume her libel will be great for me in asking for legal costs, but I'd prefer that this idiotic case not go that far.
It will go that far. Generally when you have a party lobbing crap like this it doesn't settle.

Quote:
Originally Posted by jim222 View Post
I'd really appreciate any advice. This case is just as crazy as it sounds.
I have seen crazier stuff. Again, the onus falls on the other party to prove their evidence. Just because someone types something into an affidavit and swears it to "the truth" doesn't make it automagically "the truth".

The Honourable Mossip outlines it best here:

Mustapic v. Capin, 2012 ONSC 3208 (CanLII)
Date: 2012-06-08
Docket: FS-04-052373-01
Citation: Mustapic v. Capin, 2012 ONSC 3208 (CanLII),
http://canlii.ca/t/frmwh

Read paragraphs 19 to 24...

Quote:
[24] This decision will not vindicate one parent and disparage the other. This family did not get to where they are by the simplistic analysis presented by the father, which is, but for the mother’s bad behaviour the father would have a perfectly wonderful relationship with his three children. No, the issues in this family are far more complex and subtle than that. The “truth” will not set this family free, because there is no one single truth. Only the parties, working together in a therapeutic setting, can set this family free.

Source: Mustapic v. Capin, 2012 ONSC 3208 (CanLII), par. 24, http://canlii.ca/t/frmwh#par24
Seek solutions and resolutions. The truth will not set you free...

Good Luck!
Tayken
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Old 11-29-2016, 04:16 PM
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Quote:
Originally Posted by Tayken View Post
The Honourable Mossip outlines it best here:

because there is no one single truth.
I disagree, there is certainly a single truth. It is possible (or likely) that neither version of the events presented to the court is the truth, but there exists an absolute truth.

Stuff happened, other stuff did not happen. Quantum mechanical probabilistic events happen for electrons, not people.
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Old 11-29-2016, 06:35 PM
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Thanks much for all the replies. The fact that opinion is unanimous is helpful. It's disturbing and not what I was hoping to hear, but it's good to know where I stand.

I guess I was far too optimistic.

Special thanks to Tayken. I didn't register the fact that an Application is not a sworn statement. I now understand something that I didn't previously grasp: She thinks that it's more dangerous to lie during Questioning and safer to lie in an Application. I was mystified by this before, and now it makes sense.

I don't have a criminal record, so the next time I get a chance I'll have to attach some document indicating that fact, as good-mom advised.

Thanks again to everyone.
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Old 11-30-2016, 12:24 AM
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Quote:
Originally Posted by Janus View Post
I disagree, there is certainly a single truth. It is possible (or likely) that neither version of the events presented to the court is the truth, but there exists an absolute truth.

Stuff happened, other stuff did not happen. Quantum mechanical probabilistic events happen for electrons, not people.
What is absolute truth? - Definition from WhatIs.com

Relativism is what is generally applied in civil cases. What the trier of truth is stating is that there is no one truth that they can rely upon or that can be presented. This is not to say that "the truth" doesn't exist. It is simply unknown to the trier of truth. Generally, the absolute truth is not the objective of civil cases. It is the balance of probabilities. So, in the absence of the absolute truth judges are left with probability.

So, in the case of a civil case (family law) the absolute truth is not necessary nor attainable. As demonstrated in the case provided. So judges are left sorting out matters on probability versus absolutes.

Math is absolute. Emotions in family court rarely are.
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