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  • contempt of court

    I've been going through very messy court proceedings for spousal support and her lawyer thinks she makes the rules. Its been very messy. She was ordered to supply financial records by the judge by last Aug and never has, we were in discovery last Sept and she was asked to supply other records, still nothing, we go back to court AGAIN in Feb, is there any penalty to her for not supplying this information

  • #2
    You can file a motion to be awarded costs.

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    • #3
      thanks but everytime i try to go after costs due to her rediculous motions they are awarded to her, my lawyer says its because someone has to pay and the judge feels she cant afford it. this is even when she has outright been wrong with filing a motion.

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      • #4
        On the face, doesn't appear reasonable. However, something tells me there is more to this story. Do you trust your lawyer?

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        • #5
          I trust my lawyer, I am on my second one now, I have been to court five times so far with four different judges, she has always been awarded the costs. The unfairness to our system has had me to the point where Ive wanted to just get up and walk out of the court room. Ive always tried to be fair but she is very vandictive and is out for total distruction and the court system plays right into her stories, Pergury doesnt seem to be an issue even though her and her lawyer have been outright caught at it, Its true, if your the one earning a wage, your the piniata.

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          • #6
            You cannot perjure at your own case. This is a foundation of our legal system dating back centuries. Focusing on shit like this is what is going to lose your court case. Stick to your facts, make your best possible presentation and get supporting documents for anything you can. Deal with what your ex says, but don't get so caught up in it you start making wild statements like she commiting perjury. She is not.

            If you have a court order for her to provide financial disclosure, then she should be found in contempt of court. Regardless of who is paying court costs (and I don't really believe your description; if she can't afford it you wouldn't be paying her costs for that reason alone, the judge would just find costs for a small percentage) you should be presenting a motion that deals specificly with her failure to abide with a court order and nothing else. Get that dealt with without being sidetracked with other shit tacked on.

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            • #7
              I thought getting caught in a lie in court was pergury? the court order documents is a very important part of the case. about to go for a pretrial conference after a year, the documents not being submitted are to show she has been getting other money and hiding it.

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              • #8
                Perjury is for Criminal Court and only when a person lies "under oath" on the stand. It must be corroborated-by-law and only proceeded with on consent of the Crown Attorney. As Mess says, she is not committing Perjury.

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                • #9
                  You aren't perjuring if you testify about your own charges/case; you have the right to speak in your own defence even if it is bullshit. Perjury is for third party testimony.

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                  • #10
                    Does anyone know if theres any penalty towards her for not supplying court ordered documents?

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                    • #11
                      Why not advise at your next appearance that they are non-compliance of the order for information and leave the administration or determination of penalty to the presiding.

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                      • #12
                        That was the plan but unfortunately for me, those documents are the only thing I have to fight in court for the support amount as to her actual income so that will mean ANOTHER day in court

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                        • #13
                          Yeah looks like many more days of expenses. The contempt application alone may be in the thousands and won't really solve the problem.

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