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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7310
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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What recourse do I have when a respondent has provided false

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What recourse do I have when a respondent has provided false documents, via counsel to the court in a case that has been closed; and should this case be referred to the Texas Attorney General’s Office? This case involves litigation surrounding child support for an infant child. False documents were knowingly and falsely prepared by the respondent's employer; the Chief Executive Officer and Chief Financial Officer, in their effort to engage in conduct involving dishonesty, fraud, deceit and misrepresentation; that was prejudicial to the administration of justice. Furthermore, having knowledge that the attorney for the respondent was referred by the Chief Executive Officer, the same attorney on retainer by the company for business purposes; it is believed that the attorney will be prejudicial and uncooperative. Additionally, all documented evidence supporting my claim is in my possession and witnesses available.
Hello: The following information will be necessary to answer your question. How long ago was the case closed? How was it closed if it was a support case for an infant child? What prevented you from acquiring the information you now have while the case was pending?
Customer: replied 4 years ago.

This case falls under the Uniform Interstate Family Support Act; the father of the infant residing in the state of Texas whiles the infant in another. The home state of mother & child was notified in December 2012 that paternity had been established and a court date pending to determine child support. It wasn't until February 17, 2013 in which the mother was notified that a child support judgment had been signed. The case status is listed as closed and wages will be garnished. However, the court ordered child support & garnishment is based on a letter prepared & signed by the Chief Financial Officer of respondent’s employer. Said letter having been prepared by the employer & approved by the Chief Executive Officer stated that the employee’s income was $8.35 per hour. Unaware of the letter prepared by the employer, there was no prior knowledge of the intent to commit fraud, deceit & misrepresentation to the court by the respondent until after the fact. The conduct of the three parties involved in preparing the document for the Court was done with full knowledge that the respondent/ employee was currently 2012-2013 employed at an annual salary of $50,000. Additionally, I find it very unlikely that counsel for the respondent was unaware of the actual income, but this is merely speculation. Finally, the respondent having left his previous home in a hurry failed to take with him his copy of his annual employment contract that shows both his signature & that of the Chief Executive Officer. Furthermore, the respondent failed to remove monthly bank statements showing bi-weekly deposits that correspond with 50K income from his employer. Therefore, what legal recourse can be taken since the Uniform Interstate Family Support Act requires that the respondent must have had an increase in income by 25% or greater to reopen the case, and not merely the care & wellbeing of the infant having been deceived by the father & his employer.

You are probably not too late to file a petition/motion to re-open the matter of the support amount based a) newly discovered evidence; and/or fraudulent misrepresentation of the Respondent's earnings. The court will probably give you a hearing where you can appear, testify and submit the evidence that you have obtained. You should be prepared to explain why this material could not have been presented to the court before a ruling was made.
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Customer: replied 4 years ago.

An investigation was requested today by the child’s home state and sent to Texas, the resident of the father. Since the mother is not required to appear, nor subjected to the court’s jurisdiction in Texas, I personally do not feel that any explanation would be necessary regarding discovery of documents. Although, I’m not an attorney my suggestion to the mother would be to not appear before the court in Texas out of concern that she may subject herself & that of her child to the jurisdiction of that court. It would seem that the child best interest is better served by the state of residency. Additionally, a subsequent subpoena of the employment records by the investigator should prove conduct involving dishonesty, fraud, deceit and misrepresentation by the employer and respondent. Hopefully, it will also cause the respondent’s counsel to be the subject of questioning by the judge as to any knowledge, involvement, and /or conflict of interest in this case. Please accept my “Thanks” for your response in this matter which was most assuring in a pursuit of justice

I have no reason to disagree with your analysis of the situation. Best wishes. This information request requires no Reply,.