My wife is trying to remove spousal support, by accusing me of abuse.

[Jason Thomas]

Jurisdiction

California

I have a court date set for child support we came back from mediation agreeing to 50-50 she is now attaching new declarations to this court date accusing me of being abusive. Our children use an older device that they take between households. I was charging the devise one day and noticed her email was still active on the device. While looking at her email I noticed correspondence of a letter she gave to her attorney that was written by an old friend. In the body of the letter her friend claims from 2016 that I was abusive to my wife. At the end of the letter she wrote a note to my wife saying it's been many years I don't remember much my mind is foggy you're going to have to prompt me. why don't you just write it yourself and I'll put a wet signature on it and send it back to your attorney. She states that under penalty of perjury she wrote the letter. My question is can I utilize the fact that I saw her email in a court of law as evidence to show that the letter is falsified?
Please advise

 

[adjusterjack]

I saw her emai

Saw it?

Or have it?

Did you print it out? Take screen shots? Photograph the screen?

If you don't have a verifiable copy in your possession, I don't think your sayso will cut it.

What does your lawyer say?

 

[Zigner]

Wait - you want to use your criminal activities to help prove your case? SMH

 

[Jason Thomas]

Wait - you want to use your criminal activities to help prove your case? SMH

That's my question if it's irrefutable evidence can I present it in court, or is it considered a criminal activity?

 

[Zigner]

That's my question if it's irrefutable evidence can I present it in court, or is it considered a criminal activity?

It's not "irrefutable" evidence.
Your criminal activity has tainted the "evidence."

 

[zddoodah]

we came back from mediation agreeing to 50-50

I assume this means joint legal custody, jointly physical custody, or both, pursuant to Family Code sections 3002-3004.

she is now attaching new declarations to this court date

What does it mean to "attach" a "declaration" to a court date?

My question is can I utilize the fact that I saw her email in a court of law as evidence to show that the letter is falsified?

So...you knowingly and intentionally accessed another person's email account? And you want to admit to that in court? I strongly suggest you discuss this with your attorney (and no one else). Also, since you've potentially admitted to a crime in a public forum, I suggest you ask one of the moderators to delete this thread.

That's my question if it's irrefutable evidence can I present it in court, or is it considered a criminal activity?

Both may be true. That's why you need to speak about this only with your attorney.

 

[adjusterjack]

I don't think it was a criminal act.

A parent has not only a right but an obligation to monitor their child's use of electronic communication devices. The email was fair game.

That's my two cents worth, subject to an opinion by the OP's attorney.

And, frankly, nobody's going to jail for it. At worst, it may be inadmissible but exposing the wife's subterfuge may get her to back off.

 

[Zigner]

I don't think it was a criminal act.

A parent has not only a right but an obligation to monitor their child's use of electronic communication devices. The email was fair game.

That's my two cents worth, subject to an opinion by the OP's attorney.

And, frankly, nobody's going to jail for it. At worst, it may be inadmissible but exposing the wife's subterfuge may get her to back off.

The OP wasn't monitoring the child. The OP was monitoring his ex and he knew it.

 

[Red Kayak]

Wait - you want to use your criminal activities to help prove your case? SMH

I kinda think his activities could help *her* if he tries presenting this "evidence" in court.

She doesn't have to throw any mud if he just pours it on his own head.

 

[leslie82]

I have a court date set for child support we came back from mediation agreeing to 50-50 she is now attaching new declarations to this court date accusing me of being abusive. Our children use an older device that they take between households. I was charging the devise one day and noticed her email was still active on the device. While looking at her email I noticed correspondence of a letter she gave to her attorney that was written by an old friend. In the body of the letter her friend claims from 2016 that I was abusive to my wife. At the end of the letter she wrote a note to my wife saying it's been many years I don't remember much my mind is foggy you're going to have to prompt me. why don't you just write it yourself and I'll put a wet signature on it and send it back to your attorney. She states that under penalty of perjury she wrote the letter. My question is can I utilize the fact that I saw her email in a court of law as evidence to show that the letter is falsified?
Please advise

So this is a device your ex uses and she also lets your kid use - not necessarily your kid's device is what it sounds like since she was logged into her email on it. It almost sounds like it was an old phone or tablet of hers and she clearly forgot to restore it before giving it to the kid...possibly.

If you don't have any screenshots of it or the actual email, then what are you going to have proof of? As others said, it just bolsters her claim of abuse more. "Look he monitors my email" is all she has to say.