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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3757
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Is there such thing as a motion for contempt, perjury?

Resolved Question:

Is there such thing as a motion for contempt, perjury?
Submitted: 11 months ago.
Category: Family Law
Expert:  Chris T., JD replied 11 months ago.

Chris T., JD :

Good afternoon. I'll be assisting you with your question.

Customer:

I have already asked you a question from the other day.

Chris T., JD :

Yes, about the Marshal's service, correct?

Customer:

yes

Customer:

they seem to accept the fact, but say it doesn't matter, that they put it in the motion

Customer:

when I won, the judge was going to say with prejudice but changed it to without prejudice because I want to negiotate a settlerment

Chris T., JD :

To answer your question, you can ask for contempt for perjury.

Customer:

does it carry in any weight,

Customer:

would it be a motion for contempt, post judgement and in the text ask for perjury

Customer:

but what to ask for

Chris T., JD :

Yes, it would be a motion for contempt of court for perjury. You would normally ask for financial damages. Also, if the perjury was committed by the attorneys, that is, the attorneys filed something they knew to be untrue, you can report that to the state bar.

Customer:

I can ask for financial damages, but I really don't have any. directly

Chris T., JD :

The financial damages are not compensatory (that is, to compensate you for your damages), but instead punitive (that is, to punish). Punitive damages aren't supposed to reimburse you for some amount of money their lies have cost you.

Customer:

they are also flooding me with motions, seems the attorney wants to intimidate me and it is working

Customer:

I have a bigger problem, my son moved in with me a year and half ago, two kids are split, I have paid my childsupport but I

Chris T., JD :

Unless the motions are obviously frivolous, there isn't much you can do about the other side flooding you with motions.

Customer:

also was to pay a 5% of my salary of 1000 to her, I have not, and we agreed since she was not paying for medical bills and my son moved in, but now she wants it

Customer:

can I do much about the childsupport, I have no proof that I didnot need to pay other than her in action for two years.

Customer:

I guess I will send some motions thier way, I just want to push back and try to get some sort of settlement, I have made several offers with no response.

Chris T., JD :

If you've been paying under some sort of agreement, and now she wants to pretend like that money was not paid or their was not an agreement, you should respond to their motion asking for the child support with that. An agreement doesn't need to be in writing or formalized to be recognized. Your testimony could be enough.

Customer:

we did not follow state childsupport guidelines, now they do, much I can do about it, she took a lump instead of childsupport, now she quit her job to get more childsupport

Chris T., JD :

OK. All you can do is make the judge aware of the agreement and the payments you've made. At a minimum, the judge should credit the payments you've made against what you may still owe.

Customer:

direct childsupport was paid, it was this additional childsupport that was not, we agreed not to, and she never complained

Chris T., JD :

If you don't have any sort of agreement in writing regarding her waiver of additional child support, that is really going to be difficult to prove.

Customer:

guess, I have nothing else, just wondering where could I find an example of the motion for perjury,

Chris T., JD :

Also, some judges view child support as a right of the child, not the mother. As such, some judges won't allow the mother to waive something that belongs to the child.

Customer:

the reason I stopped paying was the change child custody, will the court take that into consideration after the fact, will they consider the fact that one child was living with me full time

Customer:

if it is with the child, then I could argue it was with the child that lived with me

Chris T., JD :

Yes, the court will consider that.

Chris T., JD :

You should not be ordered to pay child support for the time the child was living with you.

Customer:

anything else

Customer:

thanks, XXXXX XXXXX that is the case, I just want some leverage to make a reasonable deal, I want to pay, just my fair share, she needs to work

Chris T., JD :

I can't really think of anything else, but you should definitely get credit for your payments and for the time the child lived with you.

Chris T., JD :

I hope that answers your question. If so, please remember to "rate" my answer before you go.

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3757
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Chris T., JD and 7 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.


They are going to withdraw or cancel thier motion to reargue and file a new motion for modification.


 


How do I stop them from canceling before court?


And in court what objection would I use to have the motion heard?

Customer: replied 11 months ago.
Relist: Other.
Aswer was fine, just need followup, with a new twist. Everyone is asleep in Texas
Expert:  Chris T., JD replied 11 months ago.
What do you want to prevent them from canceling?

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