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Two questions: I have been recently divorced, had a

Two questions: I...

Two questions: I have been recently divorced, had a situation yesterday where my ex-wife sat a bar for 5 hours, then went to our daughter's soccer game. We were to do children exchange after the game. Knowing the condition she was in, I decided to take the children to her house. She is a regular at the during the week and takes the kids with her sometimes. Should I challenge for custody of the kids? Second question is in the divorce documents, she listed her wages at 53,000. You can go online, since she is a teacher and it is public on what she makes. It shows her making 65,000. Is that grounds for perjury? Since our wages were pretty much a wash and no spousal support was not needed for either, since she makes 14,000 more than I do, would that be grounds for her to pay me spousal support.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet. Not sure if it worth it?

Lawyer's Assistant: Family law varies by state. What state are you in?

Ohio

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

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Answered in 1 hour by:
4/16/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 965
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I will discuss the alimony first. There are likely two approaches that you could use. First, if the Court retained jurisdiction over alimony the a situation where there was no alimony ordered could be revisited if alimony was later appropriate. You would need to look at your divorce decree in the section applicable to alimony to determine this.

The second is a bit more technical. Ih the Ohio Rules of Civil Procedure there is a mechanism for receiving relief from the judgement of a Court. If a party can show that there was fraud, mistakes, newly discovered evidence, etc. (Your case fits here I would believe). Then you could make the appropriate motion and the argument would be that perhaps alimony would have been appropriate under the case if she had been forthright and upfront about her income. This may get another bite at the apple for you, however, that would be best explored with a local Ohio attorney who knows the particulars of the local judges.

Now, on the perjury, I am not the world's biggest fan of pursing perjury. Here is why, I like to look at what the real goal is, in your case, alimony. If you were to pursue perjury, perhaps there is a fine and some legal issues for her, but no alimony for you.

However, if you proceed with a motion as I have set out above, or if the retention of jurisdiction is applicable, you get to proceed on the alimony claim and you also get to point and address how she was not truthful with the Court the last time and you can put her credibility in to question. That means in a hearing the Court may be less inclined to believe her and, as often if the Court sees there is perjury, will pursue it on their own initiative. That gets you, potentially, a second look at alimony and the perjury if a Judge pursues it.

Now, on the change of custody, the big problem here is her potentially being behind the wheel of a car with your son in the car and her intoxicated. That is simply not good. One time may not be sufficient to challenge custody, but if this is a patter, her becoming intoxicated and parenting, that is quickly becomes not only grounds for a change of custody, but potentially even restricting her time. Court's don't like parents being under the influence and parenting. That puts children in harms way. I believe the course of action for you would be to document if this is happening and if it become obvious that this is her regular routine, then I think you need to give strong consideration to stepping in and keeping your children safe while she sorts out her issues.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 965
Experience: Family Law Attorney in Private Law Firm
Verified
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Category: Family Law
Satisfied Customers: 965
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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