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Can case be reopened after 10 months

Fairfax, VA |

It has been found that testimonies given in the court are contradicting the US Labor laws & IRS tax details.
My ex testified under oath that he was unpaid for 1 year but labor laws don't allow non immigrants on H1B visa to be unpaid (it results in loss of status) and tax transcripts show that during that period my ex was paid by the employer. The case was decided 10 months back and my ex was exempted from child support. In line with new evidences can the case be re-opened now and how can i represent and to whom. Also can i pursue perjury in this case.

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Attorney answers 3

Posted

There are inconsistencies in your fact pattern here. You need an attorney. Check out the AVVO find a lawyer tab.

Posted

One general fact is that a case can be reopened for child support at any time there is a change of circumstances.

This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon in without first directly consulting with an attorney

Stephen F Wallace

Stephen F Wallace

Posted

So how do you get exempted from child support and is that a permanent ruling? I don't see it.

Robb Adam Longman

Robb Adam Longman

Posted

I don't think being exempt from child support is ever permanent, at least not in Maryland. Either parent can always return to court to request child support at a later date if they have a change in circumstances.

Susan Morath Horner

Susan Morath Horner

Posted

Agreed. I think the term "exempted" is probably not correct. And as my colleagues have noted most states allow support issues to be revisited if there is a significant change of circumstances, and certainly if it can be shown that a fraud was perpetrated.

Deborah Ann Johnson Wilson

Deborah Ann Johnson Wilson

Posted

Umder Virginia law, matters of child support are always subject to modification until the child reaches the age of majority. I suggest that you petition the court for modification, which will reopen the case and require the production of certain financial information. You may wish to contact the Division of Child Support Enforcement (DCSE) to pursue this matter for you. Best of luck~

Posted

Perjury prosecution is up to the State to pursue, but you can certainly bring it to their attention.

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