Defendant knowingly and willingly executed "bad faith practices" for over 3 years of court appearances. Hide earned income from under the table work, while doing so. Now that I have asked for an increase above the MA CS Guidelines, he claims he is "no longer" earning income, but was or was working for free and providing supplies, needles, etc... for free. Knowing that you can not get these items for free. The family court officer, messed up representing us to the Judge today and I never got a chance to bring up the perjury, the failure to comply with Discovery, or the chance to ask to have the Judge file a "motion to compel with sanctions and attorney's fees. If I file a motion to compel, even though Trial has been declared, is it too late?
Criminal charges, such as perjury, are almost non-existent in child support or probate financial statement cases. Instead, focus on gathering evidence to prove he has unreported income. Hire an investigator. Hire a lawyer who can subpoena records. You need solid evidence to prove this. Without it, you will just keep having days like today.
Attorney Mike Tremblay www.attorneytremblay.com 508-485-4500
Whether it's too late to file a motion to compel, if you have a trial date scheduled, may be a matter of local practice. The Registry of Probate office or lawyer of the day may be able to advise you.
I am perplexed about your reference to attorney's fees in a motion to compel, since the rest of the question suggests that you don't have an attorney. This is unfortunate. The fact that the child's father has not admitted to the income you think he has, and is stonewalling you in discovery, is not unusual in this kind of case. There is a lot of money at stake in a child support case, and you would do better to try to find a domestic relations lawyer to help you. It's not the role of the court officer to assist either party against the other.
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