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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21254
Experience:  General practice of law with emphasis in family law.
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is there any way I can question a court order if I now have

Resolved Question:

is there any way I can question a court order if I now have proof that the order was based out of perjured testimony? this pertains to a divorce case
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

What does the Order pertain to ? What proof do you have of the perjury?

Customer: replied 1 year ago.

my mother had a business overseas (in the Philippines). It was also managed by my dad. During their divorce, the plaintiff (my dad) claimed that the business made over three thousand dollars a month. the defendant (my mother) did not have proof during the time of the court hearings (which was eight years ago) and thus the court believed the plaintiff and issued a judgement that the business be awarded to the plaintiff as well as 32,000 for the past year it was active and plus 3,000. a month.


Here is the question or questions: one,


he claimed that he could not get the business because he was part of the business. However we now have proof that the plaintiff was a stockholder and thus could have gotten the business at any time.


two: he claimed it made three thousand gross. truth is it grossed less than 2,000. we have bank statements to prove this.


Three: the business was disbanded over three years ago. But the courts are still expecting her to make payments?


Is there any way we can challenge this court order?

Expert:  Samuel II replied 1 year ago.

Hello

 

And thank your for the information

 

I suggest, she can file a Modification

This would be done in the court that issued the Court Order. And she can site the perjury as a basis for the modification.

 

Once the modification is filed, it needs to be served onto the other party and then a hearing will be established and your Mother can bring in her evidence and request a reduction in the payment based on her evidence that it was inaccurate information provided at the time of the court's decision.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21254
Experience: General practice of law with emphasis in family law.
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