Family Law

Asked 6 months ago - Beverly Hills, CA

Can I file contempt on my ex from an order a year ago that he refused to obey? Also can I get him on perjury if I can prove the perjury? He lied on his tax docs signed my himself and a notary that he is a single man. He has been married for 26 years. Can I submit these docs to court to prove him as a liar?Can I sue my ex in small claims for attorney fees after I have fired my attorney?

Attorney answers (5)

  1. Tobie Brina Waxman

    Contributor Level 18

    6

    Lawyers agree

    Answered . These are two entirely different issues. A failure to comply with a court order can be punishable by contempt. Whether you should proceed in that direction however, depends on the type of order you are talking about and what the violation was. Regarding the perjury and falsified IRS records, that is not something you should address in family court, unless the sole purpose of bringing that to the court's attention is to show that your ex is dishonest, has committed perjury and is therefore not to be believed when it comes to disclosing his financial position. If you have no reason to show that he is a liar, then there is no reason to bring it up in your family law case.

  2. Bernal Peter Ojeda

    Contributor Level 11

    2

    Lawyers agree

    Answered . Why do you want to commence more litigation. Best to not focus on him and move on, unless you have lots of $$. The year long wait to bring a contempt won't be looked at as it was important. Tax returns are known to not be unreliable because most never report accurately. Your attorney can request fees to be paid by your ex. Ultimately what are you seeking ?

  3. Richard Forrest Gould-Saltman

    Contributor Level 19

    2

    Lawyers agree

    Answered . A. Maybe, maybe not.
    B. You can't "get him" on perjury; it's a criminal charge, prosecuted by the DA or City Attorney.
    C. To prove what?
    D. No.

  4. Caryn S. Fennell

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I WILL QUALIFY THIS BY SAYING THAT I AM NOT A CA LAWYER, but my understanding about common theory about Court Orders is that if someone is Court Ordered to do something and they fail to comply, then they can be held in contempt on the Court's Power or after a petition is filed by the person who was the beneficiary of the action (such as failure to pay alimony petition would be filed by the spouse receiving the benefit).

    Perjury is another story as while it is punishable by law, most state agencies do not take the time to enforce those laws, thus the threat of punishment by perjury is generally useless even if it can be proven.

    Provided by the Law offices of Caryn S. Fennell and Associates. 770-479-0248 No attorney-client relationship... more
  5. Caryn S. Fennell

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I WILL QUALIFY THIS BY SAYING THAT I AM NOT A CA LAWYER, but my understanding about common theory about Court Orders is that if someone is Court Ordered to do something and they fail to comply, then they can be held in contempt on the Court's Power or after a petition is filed by the person who was the beneficiary of the action (such as failure to pay alimony petition would be filed by the spouse receiving the benefit).

    Perjury is another story as while it is punishable by law, most state agencies do not take the time to enforce those laws, thus the threat of punishment by perjury is generally useless even if it can be proven.

    Provided by the Law offices of Caryn S. Fennell and Associates. 770-479-0248 No attorney-client relationship... more

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