Ottawa Divorce .com Forums

jim222 · #1 11-28-2016, 05:29 PM

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.

arabian · #2 11-28-2016, 07:46 PM

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).

Links17 · #3 11-28-2016, 08:24 PM

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.

trinton · #4 11-28-2016, 08:37 PM

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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good_mom · #5 11-29-2016, 10:45 AM

Best way to end this show up with a criminal record check on yourself...hopefully it is clear of anything criminal.

standing on the sidelines · #6 11-29-2016, 10:59 AM

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.

Tayken · #7 11-29-2016, 02:31 PM