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False statements signed on financial affidavits, perjury, lying in depo. Nobody cares. Why aren't laws on these taken seriously?

Orlando, FL |

Don't these laws mean anything? My ex filed an amended financial affidavit the day we were in mediation he and his attorney both knew was full of lies leaving off assets and income, which I didn't discover until after divorce. I tried setting aside settlement. My ex gave conflicting statements at my depo and at his on the same topic and lied about a lot of other things. He lied on the stand and other people lied for him. All the above provable but I'm told perjury isn't enforced. Is this what our system has become?

Attorney Answers 3

Posted

These laws do mean something, but the difficulty is being able to prove that someone is lying. It isn't enough to claim a person is lying or committing perjury. It's hard to claim the lawyer knew your ex's financial affidavit was "full of lies" if you didn't think there was anything wrong. In all likelihood, your ex gave the financial affidavit to the lawyer and the lawyer passed it on and relied upon it, but there's nothing to suggest that it was obviously false (otherwise you would have noticed it as well). Can you prove that he lied and other people lied for him? Will those other people admit to lying under oath? Perjury is certainly investigated and prosecuted but the problem is that it is so tremendously difficult to prove and the police often do not want to wade into these civil disputes. If you have evidence that proves that someone is committing a crime then you should provide it to law enforcement.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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Asker

Posted

I appreciate your answer but come on. Is it even worth the time to take this to law enforcement? Do you really think they would do anything? His lawyer not only knew the affidavit facts were false - he prepared it for him. In vacating depo my ex testified he didnt even know why he had to sign an amended one, It was because his attorney told him to and I have letters written by his attorney acknowledging some of the income left off the original. Isnt a depo under oath? I have his testomy during my depo and his regarding the same circumstances he gave 2 completely different answers to, Had I seen his amended FA in mediation yes, I would more than have noticed it but it was mailed too late to reach my attorney prior to mediation and I never saw it until filing malpractice against my divorce attorney who sent me to the courthouse for a copy. Thats the 1dt I knew it existed.

Eric J Trabin

Eric J Trabin

Posted

Put another way, what do you have to lose by going to law enforcement? If you are resolved to not do anything, then I'm not sure why you posted your question. Yes, I think there is a chance that nothing will happen. I suspect the biggest problem will be proving your allegations. You may suspect fraud, and it may even be true, but proving it is another thing. Certainly depositions are under oath and you could probably obtain a a transcript of the deposition. I suppose between the deposition transcript and the letters there might be enough for law enforcement to investigate. But it's up to you to try. If you don't want to take the time to bring it to law enforcement then don't, but that's a guarantee that nothing will happen.

Asker

Posted

Thanks. I guess I am disillusioned with law enforcement and a system I thought based on justice and was venting. I already took proof of my emails and computer that were hacked and my IRA funds which were stolen by my ex but nothing done. I filed a complaint after my ex tried strangling me, hearing nothing, called the state attorney to be told they weren't following through because my ex had no record. I knew he did, with at least a page and a half of assault and assault/battery charges - all not guilty. They said it wasn't in their system. I have had to learn the hard way its not about right and wrong but about who has the power, connections and money.

Posted

Domestic Relations Court is a dangerous place. I prefer practicing in the criminal defense arena where the rules are more defined and for the most part are found honest and dedicated participants.

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Asker

Posted

From my one and only case I can certainly understand.

Posted

Perjury is sometimes enforced. If you have good proof, take it to the state attorney's office and follow up regularly. That's the best chance you have.

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