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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i had a child support hearing,..and my daughters mother perjured

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i had a child support hearing,..and my daughters mother perjured herself under oath,..is their and way i can get her prosecuted in nyc
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months 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.

The answer is maybe.

Section 210 of the New York Penal Code defines the act of swearing falsely (perjury) as occurring when a person makes a false statement which he or she does not believe to be true while either giving testimony or under oath in a subscribed written instrument (such as an affidavit or deposition).

Degrees of perjury range from A misdemeanor to class D felony. It would be up to the prosecutor to decide what to charge the individual with, and if to charge them.

Now, one can file a criminal complaint and perhaps the prosecutor will pick it up.

A more sure way of having them be held responsible for their act is to ask the court to sanction them for perjury and/or hold them in contempt. The Family Court has discretion here, and may admonish, fine, and/or imprison them. This request may be made in a subsequent hearing, or, via its own motion for sanction/contempt.

Both the criminal aspect and the civil contempt/sanctions aspect may be pursued here.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87407
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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