Recent Feedback
Hello, I am in the middle of a divorce and my husband keeps telling weird lies to the court in an attempt to make me look odd or bad. I am the person who our family insurance is under and my husband has had "on-line" access for at least 2 years to the website for the insurance company and he has not filed for any insurance reimbursments this year. He told the judge I will not let him get on line to get his reimbursments and that I am receiving checks for reimbursments and not giving them to him. Now the Judge actually did an Order for me to grant him "on-line" access and that I have to pay him for the reimbursments. How can I communicate to the judge that this is bizarre and untrue? Can I file something?
Optional Information: State/Country relating to question: New York
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.I am sorry for your situation. For this - and other examples of his lies - do you have proof that he is actually lying, as in documentation, etc, that can show that he is misleading the Court? Or is it your word against his?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Yes. The insurance is a small company and they have told me that he has been on the site for quite sometime. With regards XXXXX XXXXX reimbursments, they also have statemets that none have been submitted.
Thank you for your reply, Lana.You may indeed impeach his lies. One does this by questioning him on the stand.At either cross-examination (after he testifies and the other side, i.e. you, may question him), or by calling him as a witness (which you may do), you can then impeach his credibility by bringing up his former testimony and then introducing evidence that directly contradicts this and shows him as a liar.Strategically doing so will impeach his credibility in the eyes of the court and simultaneously exonerate you from any conceived ill acts that he claimed you are responsible for.The key here is to ensure that you have evidence that can directly show that his prior testimony against you was embellished, or flat out false.In sum, yes you can do this, upon questioning/cross-examination of him as a witness.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Is there no way to do it in a motion? or any sort of paper prior to trial? So many decisions are being made on his lies, it seems that will be too late.
Lana,I am afraid not - you cannot file a motion calling someone a "liar." A motion seeks relief from the court for something. The way our justice system is set up is that you have to show in open court who is lying. So I am afraid that this is done via evidence and testimony. I am sorry.While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Surely, you prefer that I tell the truth rather than what you wish to hear. Because I do not get credit unless you press one of the top three faces, keep this in mind when rating my answer and please do punish me for being honest. I understand that this may not be easy to hear, and I empathize.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Is it possible for me to ask for "relief" from having to pay him the reimbursments?
Lana,Of course - but you would do so in open court, as part of the overall hearing, explaining why you feel that this would not be proper and equitable to do so.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
But, nothing in writing before? Just bring it up at the next court date and give my evidence?
Lana,Not quite. If you'd like, you may file a Motion for Leave and modify your underlining pleading (petition or answer) to the Court to include the fact that he is lying. However, the Court is going to be much more interested in what happens in open court, than what is claimed on paper.So you can, but is simply may not be worth your time to do so, because the Court will go off whatever is said in court, more.Again, surely, you prefer that I tell the truth rather than what you wish to hear. Because I do not get credit unless you press one of the top three faces, keep this in mind when rating my answer and please do punish me for being honest. I understand that this may not be easy to hear, and I empathize.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
thank you
Lana,You are very welcome and good luck!