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Can I write an attachment telleing the judge my ex is lying about her boy friend ?

Asked about 1 year ago - Bakersfield, CA

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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?

Attorney answers (3)

  1. Contributor Level 17

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    Answered May 02, 2012 07:28. You can file a Response to her motion and you can attach a declaration to your response stating all the reasons why you think she is not telling the truth. The consequences for her, less support. Probably not much else.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation... more
  2. Contributor Level 8

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    Lawyer agrees

    Answered May 07, 2012 21:06. 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

  3. Contributor Level 18

    Answered May 02, 2012 08:13. the courts allow you to present evidence at the hearing and question witnesses. Depending how much is at stake, you should get an attorney.

    This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... more

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