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Is there anything that can be done about my ex-wife lying to the judge?

Spring Hill, FL |

We had a hearing last week on her motion of contempt against me for non payment of alimony, and my motion against her for not complying with ANYTHING on the Mediated Settlement Agreement. She had never served me, so I thought her case wouldn't be heard. She told the judge she served my FORMER lawyer thinking I would still use him. I called my former lawyer's office the day after only to be told they never recieved anything from her. Shouldn't the judge have asked her for an affidavit of service or some sort of proof of service? How can I let the judge know now that she perjured herself? We have court again in October.

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Attorney answers 5

Posted

Usually the motion would contain a certificate of service and it would state who she sent a copy to, which in this case, would be your former lawyer. You can maybe see if your former lawyer wants to get involved but I am not sure it will get you anywhere. I have seen this happen, even to me when I was the actual attorney on the case and the pro see opposing party never sent me the motion that was filed, and the court still proceeds forward with the motion for contempt.

Your best approach is to be prepared fully for the actual arguments present for the motion for contempt hearing in October or hire local counsel to assist you.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Posted

In a contempt action, only reasonable notice is required- not personal service. If you have court again in October I assume that the Judge did not yet rule on her motion. If you attended the last court date, you have reasonable notice of the action, so I recommend that you get prepared to defend yourself at the hearing.

Legal disclaimer: this response is not intended to create any attorney-client relationship and is based on the limited facts given and should not be relied on as legal advice. It is recommended that you consult with an attorney before taking any action based on the foregoing statements.

Posted

You can certainly bring this t the Judge's attention at the next hearing, but as others have said, you need to be focused on the substance of the case and the allegations.

I have seen hundreds of client's lie under oath, and I have caught people in lies and they have admitted to lying to a Judge, but I have NEVER seen even one person prosecuted for perjury in a family law case.

Welcome to our world. Clients lie. They get away with it. We move on to the issues that we can correct, like, payment of alimony. Good luck to you.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

Posted

Lying is to family law as ___________ is to criminal defense.

Seriously, it does happen all the time. Focus on the big picture as that is all that matters.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

Posted

I understand what you are saying however this will go nowhere, you can try to allege perjury etc the chance of a judge doing anything is 1% or less.