What can I do about paperwork filed against me with knowingly untrue information?

Asked about 2 years ago - Temecula, CA

I am currently in a custody/child support case.
I am currently unemployed and on public assistance (not unemployment)
My ex knows that I am unemployed and just today used that I am on public assistant and have no income against me during mediation in family court.
This afternoon she severved me with Fl150 for stating that - I estimate that the gross monthly income (before taxes) of the other party in this case at $3500 This estimate is based on (explain) THIS IS THE LAST AMOUNT I KNOW THAT (my name) MADE.
Is this not perjury as the declration at the bottom states?
Is there anything I can do?
Is this grounds for me to refile for full custody? She is most likely about to get primary custody from mediation today since I have no income according to her.
Will the judge see this & even care?

Attorney answers (3)

  1. Cathleen Elisabeth Norton

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    Answered . What you need to do is dispute the allegations set forth in her declaration in your responsive pleading and file your own Income and Expense Declaration with the required attachments to disprove her assertions about your finances. The family law facilitator's office should be able to help you. Good luck.

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  2. Rebekah Ryan Main

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    Answered . Hang on. What you describe isn’t perjury… it’s “fudging” at worst. The question calls for an estimate and she said what she based it on. Just tell the judge what you really make in your I&E and response. Do not get focused on punishing her for fudging your income. This will only distract for the real issues.

    What I want to address is your idea that your income has ANYTHING to do with custody. It does not. Even if you earn no money this should not factor into a custody determination. A consult with a family law attorney should help you to figure out where you really stand.

    Generally:

    The law says that judges must give custody according to what is in the best interest of the child. Judges look at the children’s health, safety and well being to decide whether to give custody to one or both parents. Courts also consider any history of abuse by one or both of the parents.

    Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny a parent’s right to custody or visitation just because they were never married to the other parent, or because they or the other parent has a physical disability, or a different lifestyle, religious belief or sexual orientation.

    To decide what is best for a child, the court will consider:

    the age of the child,
    the health of the child,
    the emotional ties between the parents and the child,
    the ability of the parents to care for the child,
    history of family violence and/or substance abuse, and
    the child’s ties to school, home, and his or her community.


    Best of luck to you.

    Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com or call 909-891-0906 to set up a consultation.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not... more
  3. Isileli Tupou Manaia Mataele

    Contributor Level 19

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    Answered . it is very common that people intentionally false things in pleadings and it is perjury but something like this is not considered significant. The judge won't really care that she was misstating this and to make a big deal about this will seem petty.

    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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