Asked about 1 year ago - Bakersfield, CAFlag
My ex is asking for modification in a child custody case. On the income declaration forn she says her fiance' is just a friend and provides no help with househod expences. We all know this is a lie or she couldn't afford to live where she lives. Can we bring it up in an attachment to the court and what are the possible penalties if she is caught in this lie?
You can (and absolutely should) file a responsive declaration to her order to show cause. Within the response you should definitely raise the issue that she is cohabitating with another and that person is paying part of the bills.
With this being said, I would load up on the discovery that is available to you prior to the order to show cause hearing to get to the bottom of exactly what and what is not being provided for by the new boyfriend. For example, if the ex cannot show that she is paying rent, then that is considered income. Take the same example and apply it to utilities, food, clothes, car payments, etc. and see where it leads.
I hope this is helpful and if you have any questions you may call me directly at 909-635-2023
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