Skip to main content

What to do if six months after the trial i found oficial evidence the other.party lied about his income.

Kissimmee, FL |

At the trial the judge rejecteed my attorney evidence showing the other party has more income, she said it was an online document.if it was oficial.she would, what makes.it official, now i found those business registration.with the other party.signature but it was from.online but these do show those businesses are registered at his address and he lied at the trial and said he has no businesses on his name at his address, because of his lies the judge didnt considered that.income when ordering child support, what can i do, these other evidence i have showing his signature in those businesses registration can be considered oficial for the judge? Do i have to request another trial or can i send it to her for review and she decides to schedule a hearing? Thank you.

+ Read More

Attorney answers 5

Posted

You should be discussing this new information with your attorney--THAT person knows all the case facts, all the history, all the evidence and THAT person is best suited to address the very specific nature of your question.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Asker

Posted

That attorney.is not my attorney anymore,.is there.anything i.cam do pro se, do.i need to request a new trial or a file for a new modification case? Thank you.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

You'd need an assessment from a family law attorney in your state to determine if what you have is enough to schedule a hearing in family court. You can't go running to the court every time you have something you want to show the judge.

Asker

Posted

I dont go to court like that, i was provided his business public record by the code enforcement office who investigated he in fact was running those businesses and lied , i just like to know if those records that shows.his signature as a owner of the busineses is con sidered official and if i.have to requesr another trial or what kind of hearing to provide that evidence, he hid his income ten years and i was treated very.unfair at the trial when he was the one lying, and the attorney i had provided evidence from online and the judge rejected it becausr she didnt considered official,.the ones i have with his signature as a registered ownet can be consider official or no? Am just trying to prove the truth, i didnt have a fair trial.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Time to prove your case was at trial--or after on appeal. In non-family law courts, you would have completely missed your opportunity for a re-do. In most states, family law courts are a bit different. You CAN go back to court to show changed circumstances, but the strategic decision about whether the judge is likely to look favorably on the reason you are back in court requires a local family law attorney's assessment of the situation, knowing the court, the judge, the case facts etc.

Asker

Posted

So i cant ask for another trial is too late? When you said change circunstances you mean i have to file for another modification case? Also i receive social security.for now cant claim.my child as dependant he has not seen my child for the past.nine years and the judge said atbthe trial he can claim.him but as long he meets irs criteria, i never signed any forms to reale my right or gave him permission, can he still.claim.him with that order from.court? Also.he is under.investigation for not reporting hisbreal income, can he still claim my child?

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

You need: (1) an attorney. (2) an attorney who knows all the facts about your case, not just some (3) a FL attorney, which I am not.

Asker

Posted

Thanks.....any attorney.from fl who can.help? Thanks.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

use the avvo find a lawyer option--this question and answer site is a poor substitute for help wanted ads--a FL attorney may not see your post for days or weeks.

Asker

Posted

Thanks i will.

Posted

If the information could have been discovered prior to the trial, it is unlikely that the belated discovery of the information will serve as a basis to attack the judgment.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Asker

Posted

The evidence was presented at.the trial the judge rejected.saying it was.not official,.now i have.his signature in those registration.businesses records,.cant that be considered official or cant be submitted because the trial was six months ago, there is nothig it can be done for him.comitting perjury? The police dont want to file a report the state attorney cant investigate with no police report, and nothing can be done with this evidence? Thank you for helping.

Michael T Millar

Michael T Millar

Posted

The fact that you knew of the information at trial is a double edged sword. On the one hand, it demonstrates that you knew of the issue - and the fact that you did not investigate it prior to trial works against you. On the other hand, if there is evidence of perjury, then a court may entertain the motion.

Asker

Posted

let me explain more, my attorney had the info at the trial the judge rejected it because she said it was a document from online source not official, six months after i found the documents with his signature after code enforcement investigated him that in fact he had those businesses registered at his house, now my question again is that now that i have the documents but with his signature this time if i could bring them to court and it can be considered official and show the judge that he lied and i didnt have a fair trial, we all at the trial knew about those records and provided them to that judge but again she rejected them, now what can i do now that i have what seems to be the official records ,they commited perjury and got away with it, i never had a fair trial thanks to his lies. hope i explained more clear the situation i apology.

Posted

You are in a difficult position. If this is information you could have discovery with due diligence prior to the trial, it will be difficult to do anything? I would ask for a new hearing based on a change in financial circumstance of the other person and ask for more support. You will need to be able to lay a proper foundation to establish the documents are genuine and trustworthy. Talk to your attorney about this issue and follow their advice.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

Asker

Posted

yes I know the attorney I had didnt do a good job, but how the evidence is considered official, that judge was bias also, the documents he showed were copies from online business records but the ones I was just given have his signature in those business records registration, can I use them as officla with his signature or still is not considered official?and that hearing based on his financial circumstance is the same as filing for a new modification of child support? also can he claim my child as dependant even though I never signed any form releasing my right? I receive social security for now cant claim him and the judge gave him permission to claim him but the irs said regardless what the judge said he cant claim him if I dont file a form to give him permission, is that correct? or he can still use the order from the court to try and claim him? he is under investigation with the irs for not reporting his real income, can he still claim him? thanks.

Posted

If you have admissible evidence that showed the other side lied in its disclosure papers, and the court relied on those wrong numbers in setting support, you can seek a modification. Talk to your atty to see if you can get the proof in a form acceptable to the court. Hopefully the judge will be more angry at the lying party than at you for not getting the evidence before.

Asker

Posted

Then ii will have to file a new modification with the evidence from.the trial that was.not officisl and now it is, she can accept it?

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

I dont practice law in your state. I dont know what your state requires for evidence to be admtted. Im not familiar with your case. There may be other ways to get the real income numbers. In Calif, a party has to produce tax returns for support purposes. You really need to talk to your atty or a new atty in your area.

Asker

Posted

Thank u very much, here in fl tax w2 is also used but he is not reporting his real income to the irs either and is under investigation, but that judge was bias and rejected all my attorney provided as evidence she even denied a motion for contempt that i was given a chance to file by a previous magistrate, still she helped him as much as she could even ordered he can claim him and he has not seen my child.for the past.nine years fortunately irs said the judge order is not valid unless i give him permisión, too sad when.judges are bias. Thanks your response was very helpful.

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Sometimes the judges assignments rotate. You might want to check with your atty to see if that judge is rotating to another asssignment soon. If so, you can wait til that judge leaves, before filing another motion. I dont know the specifics of your case, but in general, when people are working under the table for cash, it can be very hard to prove they are and how much they are getting. This is a fairly common problem.

Asker

Posted

Yes i was hoping she would be rotated.sadly.she will.stay.this year also, can i ask.fir the judge to be removed? She was very rude when.i asked for the motion for contempt even though he has insurance she said that i should feel lucky i have medicaid for my child at least is something and if i receive social security.i should feel also lucky because some people is honeless right now,.i couodnt believe how rudeshe was i complain with the chief judge, and did nothing, ironically.the chief judge is the one who.had casey anthony trial,.that court is very.unfair i was told i guess is true.

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

I dont know your state's rules for disqualifying a judge. many states dont allow it after the judge has already made any decision in the case, except under extreme circumstances. You might be better off trying to find an atty who gets along with that judge well, like her former law partner.

Asker

Posted

Too sad some judges have preferences with attorneys as friends i thought the,court system was based on honesty and justice,.horrible what i learned.

Posted

A motion for rehearing is possible, although from the fact you have recited it seems unlikely to be granted.

Talk to your lawyer about this!

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

Asker

Posted

Yes a judge bias wont grant anything, she is not even responding to.my motion to dismiss my attorney who was not responsible enough to withdraw or finish the case instead she called him to ask him to withdrawand he is not even responding, i wonder how she will denied it, am not obligated to have an attorney who ripped me off, wish i could have another judge, how can i do that?

Clifford M. Miller

Clifford M. Miller

Posted

You need to retain another lawyer to discuss these issues. Unless there is something else involved, there are not adequate reasons to have the judge removed from the case.

Asker

Posted

If she is bias she cant be removed? I wont hire another attotney, hoe can.i have her removed pro se? Thanks.

Clifford M. Miller

Clifford M. Miller

Posted

You can file a motion. Read the rules and cases on recusal. But, you are extremely unlikely to succeed. You should know that ruling against you does not equal "bias."

Asker

Posted

I.understand that, am.not.saying she is bias fir that,.there are othe things, specially her obvious preference with the other site attorney who.are friends, thanks i will see the instructions.

Asker

Posted

And what about if i ask.for the case to.be transferred to.my county, either.of us in.the case luve in that county anymore.