I am curious as to the repurcussions of a person lying on a financial statement. My ex has left out some very important information and has also claimed some property which we held as joint as his only. What does this say about him, short of the fact that you cannot believe anything he states in his affidavits???
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In my experience, as long as you answer "yes" to the clerk's question "Do you affirm the contents of this statement to be true to the best of your knowledge?" you are good to go. He can always plead innocent/unaware/unknowledgeable later, especially if he is self-representing, and will only be asked to resubmit a new financial statement. But that's only if you can prove that the information he has provided is false. I hope you have documentation to prove that. I'm sorry that there are no repurcussions in our court system.
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Theoretically he could be convicted of perjury. That crime potentially results in jail time. Just look at Guy Lafleur, the old hockey player. He was convicted of perjury recently for lying to benefit his son.
Convicting someone would take a skilled lawyer and money. If you get to trial and the judge has a chance to assess each parties' credibility, the judge takes the lack of credibility of an untruthful party and makes an adverse inference about what they are saying.
My ex has lied in his financial statements. He now refuses to even provide any financial disclosure. My next step is to have his pleadings struck. That is my recourse in the same situation.
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From what I've seen and what I've read, judges are reluctant to hold people accountable for perjury in Family Law. In fact, it happens all the time. People lie constantly in Family Law without repercussions.
Take this article for example:
globeandmail.com: Success, in contempt
This person simply ignored the courts, held them in contempt, and got away with it completely.
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Originally posted by mom2three View PostI am curious as to the repurcussions of a person lying on a financial statement. My ex has left out some very important information and has also claimed some property which we held as joint as his only. What does this say about him, short of the fact that you cannot believe anything he states in his affidavits???
The only restraint is one's conscience. Good luck.
For what's it's worth at least you know the cost of character.
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