I have a pending Child Support Modification action. My daughter's father lied on his financial affidavit. He filled out the short form (as given to him by his attorney), but he makes well over $50k a year. His income is incorrect which is easy to prove because I have his paystubs and tax records from the last few years. He stated he pays the daycare costs, which he doesn't and I have all the cashed checks from the daycare. Also, his house is currently in foreclosure, but he stated he pays a mortgage every month. He hides assets as well, but I don't think that matters since we are not married, he is now married to someone else. What can happen since he signed and attested to the accuracy of his financial affidavit and it is incorrect.
In addition to the fin. aff., both parties must comply with mandatory disclosures. This is where both of you submit tax returns for past 3 years, pay stubs if necessary, banking statements, etc.
If they do't add up, then you it may be brought up at hearing.
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You need to bring that up at the hearing. You must bring records for the past 3 years as part of your disclosures. Make sure to bring and show all the documents.
"This answer should not be considered legal advice. Each case is different. An a formal consultation would be need it before an specific answer can be given"
Well the financial affidavit is sworn to under oath, so it is perjury. However, in my 18 years of practicing I have never seen anyone prosecuted for it. A good attorney can take the Financial Affidavit and other financial disclosure documents and show the Court one one, that he is a liar and two, what the real situation is as long as they have the proof. It sounds like you are trying to do this on your own. You really should hire an attorney to represent you. Many family law attorneys offer a free consultation. Good Luck.
B. Elaine Jones, Esq.
Family Law Attorney
The Financial Affidavit is sworn to by the party under oath. Both parties are required to file a financial affidavit and it becomes an official court record. The purpose of the form is to inform each other and the court about each party’s income, assets, debts, and expenses as well. It is good practice to compare financial affidavits to the mandatory disclosure. Some mistakes are expected, but if the financial affidavits and the supporting evidence are completely inconsistent then the judge may well sanction or somehow punish the dishonest party. In the most extreme cases Florida Statutes allow the re-opening lawsuits and reconsidering final orders when the Final Judgment of Dissolution of Marriage is based on the fraudulent documents.