This is in regards to non payment of alimony and now, modification. Former spouse submitted his financial affidavit stating he was released from his position with the federal government (20+ years), former spouse stated he has zero income. In the modification papers submitted to the court, former spouses attorney stated former spouse has not filed for unemployment or social security and wants alimony dropped based on zero income. I have a QDRO on file. I called and asked if former spouse filed for retirement and was told he filed for disability and has been receiving "interim" payments of appx 4500 per month for 3 months. FS has not paid alimony for 5 months. What are the penalties for this and should I inform my attorney. I do not want to seem as if I'm doing the legal work
Divorce / Separation Lawyer
You should inform your attorney about what your research and/or telephone calls uncovered.
I agree with attorney Rose regarding the fact that there is, in practice, no real "penalty" for lying on a financial affidavit.
However, you and your attorney can certainly work together to discredit former spouses' testimony (at any future hearing or trial) regarding the figures he disclosed in the "income" and "assets" section of his financial affidavit.
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Family Law Attorney
Assuming the affidavit is signed under oath (whiich the rules require), it's theoretically perjury, which is a third-degree felony and carries a prison sentence of up to five years. But I say "theoretically" because, over my many years as a family law attorney, I can't count the number of times I've proven that someone lied on a financial affidavit, and not once have charges been brought by the police or the State Attorney's Office.
But, yes, you should inform your attorney.
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1 lawyer agrees
Child Custody Lawyer
I agree with Attorney Rose.
JMP Law, P.A.
Juna M. Pulayya
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