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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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Old 03-25-2013, 11:57 AM
Pursuinghappiness Pursuinghappiness is offline
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Both my ex and I went through about 4 hours of deposition in 2 sessions between 12-18months ago. During that time, questions came up for my ex regarding his financial statement on a number of issues. One of them being one of the biggest retirement accounts.

He claimed at the time under oath that there had been no net gain in this particular account over the duration of our marriage (in fact, he said that it had lost money).

Undertakings were, of course, to be provided and I knew at the time he was fabricating but he refused to provide any account statements. There were over 25 undertakings that he refused to provide including a paystub. (I've already gotten an order for retroactive support once his paystub is in luckily).

I've been dealing with this issue for some time...and finally last week, the constantly adjourned motion was finally done..and the documents have started coming in.

Of course, he lied under oath regarding the value of more than one account, including the biggest account.

Are there any penalties for blantantly lying during questioning?

I have an SC coming up in April and I'm wondering if this needs to be brought forth in my brief?
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Old 03-25-2013, 12:23 PM
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hadenough hadenough is offline
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IDK: my ex lied on his Financial Statement, throughout trial, under oath (in 2 separate courts), on documents, orally as well. I've probably forgotten other instances by now.

Unless he's just really 'lucky' - because yes, it was exposed (the lies) - nothing happened to him aside from the fact that he looked/looks like a supreme jackass.
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Old 03-25-2013, 12:31 PM
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^ Well, what also happened was that he lost his case.
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Old 03-25-2013, 12:35 PM
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This is true... He absolutely did.

I still think there should be more immediate consequences for lying under oath. It's an abuse of the court process. It's an abuse of everyone involved, imo.

Edit: immediate and harsh (consequences).

Last edited by hadenough; 03-25-2013 at 12:45 PM.
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Old 03-25-2013, 02:30 PM
Pursuinghappiness Pursuinghappiness is offline
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Quote:
I still think there should be more immediate consequences for lying under oath. It's an abuse of the court process. It's an abuse of everyone involved, imo.

Edit: immediate and harsh (consequences).

Funny enough Hadenough....the last motion adjournment I had...no one from my ex's side showed up. He had claimed to the court...the adjournment before that that he had a lawyer on retainer.

So my lawyer tried to contact that attorney then the day no one showed up in court, brought in the letter from his "not quite new attorney" stating that he hadn't reviewed the file yet and hadn't quite taken the case.

On the motion summary, it actually said that my ex "..fabricated directly to the court...."

He's also been caught fabricating in affidavits, to the custody evaluator and now, more seriously, under oath during formal deposition.

There's no doubt that his credibility is pretty much shot...however, every motion's judge is different (I think we've had 3 or 4 so far)...so its almost as if, he just gets away with it.

Its frustrating to say the least that there seems to be no immediate consequence. I'm going to word it into my SC brief which I have to get done by the middle of next month...but I'm wondering if that has any teeth at all.

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Old 03-25-2013, 03:27 PM
caranna caranna is offline
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PH and Hadenough, I'm finding out that Family Court is a hotbed of lies. Perjury is rarely punished. Lawyers lie. *Gasp* Yes, I thought lawyers never lied. Not the ones involved in family court, anyway..

STBX has lied from the beginning, has taken $1,000.00's of $$ of valuable items from the Mat home and denies and denies. I have been honest and forthcoming from the start He hasn't even supplied us with his bank staetments from DOS and yet he wants to take me to court. The date has been set. Unless a miracle happens I expect him to lie and lie again. I almost blush to think how naive I was.

Last edited by caranna; 03-25-2013 at 03:33 PM.
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Old 03-25-2013, 03:50 PM
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By oink " I am sure you will agree that their pants should be set on fire right there in court? "

*sigh* yes, my ex self-combusting into a ball of flame might just do the trick lol, pants or whatever

There should be fines payable immediately or failure to do so puts them in the clink for a few days to think about their actions. Lol. Too harsh? I don't think so. There would be a lot less tall stories and bs accusations, I know that much.
Imagine for just a moment: The TRUTH, in Court. Nice fantasy.
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Old 03-25-2013, 08:56 PM
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By PH "There's no doubt that his credibility is pretty much shot...however, every motion's judge is different (I think we've had 3 or 4 so far)...so its almost as if, he just gets away with it."

He has not got away with squat. Judges "talk" - I'm pretty sure they have his number
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Old 03-25-2013, 09:15 PM
Nadia Nadia is offline
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In my case, the alleged dishonesty was noted in the endorsement by one judge during a regular motion. She wrote something along the lines of..."the applicant claims he is paying in accordance to the order of Justice...However the respondent claims that this is not the case. If it is found in the forthcoming proceedings that the applicant has been less then forthcoming on this, I would recommend that this be taken into account when deciding on costs."

In the subsequent trial, I was able to produce written evidence contrary to what had been claimed by the Applicant previously. In his final judgement, the Judge had a heading called "credibility issues" and made note of the fact that the applicant had not been honest. Reference was made to the previous endorsement and in part led to a judgement against the applicant.

So, it just does not pay to stand up and lie in court. And yes, a copy of that trial judgement is attached to every affidavit that has submitted subsequently. Credibility is shot.
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Old 03-25-2013, 09:20 PM
yhm yhm is offline
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There is almost never any explicit sanction for lying under oath.

But the court will assess credibility, so you have to counter each and every lie with matter-of-fact evidence.

The judge will connect the dots.

But other than winning your case, abandon hope of having your stbx had up on perjury charges, or held in contempt, etc. It ain't gonna happen.
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