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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88185
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I would like to know if I can have my ex husbands spousal support

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I would like to know if I can have my ex husbands spousal support modified or cut off completely? Reasons are as follows: He lied on his declaration, he claimed hardship because he claims my 16 year old son is a special needs child and needs care 24/7. He also claims a second child whom is 11 years old, has autism and is slightly retarded and also needs special attention. That is why he can't afford to work. He claims their care would cost at least $15 to $20 and hour is required and with his minimal work skills he wouldn't be able to afford it. So he must stay home. The whole thing is a lie. BotXXXXX XXXXXne of his declarations reads, "I declare under penalty of perjury under the laws of California that I am competent to so tesitify of the facts stated herein or that has been stated under information and believe which I believe to be true." There are more lies or contradictions in that declaration. Do I have a case?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

Do I have a case?

The answer is yes, although you may wish to wait a few months before seeking to file the pleading to amend. Allow me to explain why.

Once the matter is finalized, one only has a limited amount of time to file an appeal or a motion for new trial, which is 30 days, normally. Since the time has run out, you may have to file a new pleading simply seeking to modify the spousal support (modified can mean reduced, or terminated).

But you may wish to wait a few months. This is because if you file now, it will look as though it is a "knee-jerk" reaction. However, in a few months, one may have time to gather more evidence that illustrates the case better. One would also have to show a "substantial evidence of a material change of circumstances" to allow for modification of alimony. In re Marriage of McCann, 41 Cal. App. 4th 978 - Cal: Court of Appeal, 4th Appellate Dist., 3rd Div. 1996.

In other words, the Court may wish to see that he really does not need it. If your case of him lying falls apart, you may want to fall back on that (i.e. him not needing it), which you may be able to prove better in a few months, once it is shown that he is living a more comfortable life than the Court believes he would.

Finally, if finance is an issue to retain counsel (which is strongly recommended), I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/california.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-california.asp

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as 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 poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


I already know he doesn't need it, I have constantly been writing letters to my attorney with regard to this issue. He has bought 6 jet skiis. Does this look like a person whom is destitute as he claims in his declaration?


Our son does not live with him, so there goes the special attention 24/7. His other son by another woman whom is allegedly autistic and slightly retarded, has not been diagnosed by a physician nor psychiatrist. He is left alone half of the time while he goes on lake trips with his jet skiis. I am the one with the income so therefore I have to pay. I left him in 2003 when I found out he had his now 11 year old out of wedlock. Our divorce is over been 7 months and short of hiring a special investigator I know he doesn't need this money for himself. He can find a job because he doesn't take care of his minor children in his care that I am paying for. I feel violated and it is not fair to me. All I want is his spousal support terminated and with the child support he gets from me, he can pay his mortgage on the house I bought, and pay food and utilities. This way I would know my children are being cared for.

Expert:  Ely replied 1 year ago.
Thank you for your follow up, E.

He has bought 6 jet skiis. Does this look like a person whom is destitute as he claims in his declaration?

Obviously, no.

Our son does not live with him, so there goes the special attention 24/7. His other son by another woman whom is allegedly autistic and slightly retarded, has not been diagnosed by a physician nor psychiatrist. He is left alone half of the time while he goes on lake trips with his jet skiis. I am the one with the income so therefore I have to pay. I left him in 2003 when I found out he had his now 11 year old out of wedlock. Our divorce is over been 7 months and short of hiring a special investigator I know he doesn't need this money for himself. He can find a job because he doesn't take care of his minor children in his care that I am paying for. I feel violated and it is not fair to me. All I want is his spousal support terminated and with the child support he gets from me, he can pay his mortgage on the house I bought, and pay food and utilities. This way I would know my children are being cared for.

I understand the frustration. If you feel that you have enough evidence to show that he does not need the spousal maintenance, then you may file now, of course. I was merely pointing out that it may be best to wait to have a strong case, but if you feel it is strong, you have the option to file a pleading to modify the spousal support and allow the Judge to consider it.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


Another question, can I get him on perjury? He basically lied under oath?

Expert:  Ely replied 1 year ago.
E,

Please ask as much as you need to, for this is why I am here!

can I get him on perjury? He basically lied under oath?

If you can show that he lied, or catch him in a lie, then indeed you can, and if so, he may be held in contempt - admonished, fined, or even imprisoned. But you have to "catch" him in the lie as part of the pleading for modification of support. There is no action independent of that simply to prove perjury.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


Isn't his signature on his declaration proof enough? He signed under penalty of perjury. I know he read it before he signed it, and at that time they were lies and the status is still the same. I have answered his declaration and sent it to my attorney. I don't know if it was read or not, had I been a judge I would have made him look for employment. I have asked that he be given time to find gainful employement or go for some training during the course of me paying him alot of money for spousal and child support. But during that time he was able to impregnate another teenager and has a new born baby. Of which I am paying for. Our youngest is going to be 15 in August this year and the other child in question will be 17 in August, and is hardly ever home. He hardly goes to school. Wouldn't that be proof enough that those children do not need care 24/7?

Expert:  Ely replied 1 year ago.
Hello,

Isn't his signature on his declaration proof enough?

Yes, it is. But of course, you'd have to convince the Court that the declaration was false.

Wouldn't that be proof enough that those children do not need care 24/7?

This is hard to say, because in the end, the matter is subjective and is up to the Judge. Since I cannot step into the Judge's shoes, I cannot make that decision or even pretend to know how they would rule, but it does sound more and more like you may have a good case.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


I can prove the declaration is false, some truths but mostly lies and contradictions. Thank you for your help but I already knew what your answers would be, just needed confirmation.


But on the other hand you have been helpful. Have a good day!

Expert:  Ely replied 1 year ago.
You are very welcome and have a good day as well. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88185
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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