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.
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 create an attorney/client relationship and does not create a right to continuing email exchanges.Ask a similar question
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 your situation depending on the facts.Ask a similar question
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.
If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.Ask a similar question