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Ex lied under oath and avoided contempt, now what?

Discussion in 'Alimony & Spousal Support' started by HeighHoHeighHo, Apr 2, 2019.

  1. HeighHoHeighHo

    HeighHoHeighHo Law Topic Starter New Member

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    In my separation agreement with my ex, he agreed to pay me back for a couple things by a certain date. He did not and I filed contempt charges. At the hearing he said that checks/money orders he had sent me were to cover these debts and that the debts had been satisfied so the contempt charges are moot. Based upon this sworn testimony, he was able to avoid the contempt charges. I provided no contradictory testimony on this matter- as he lied and said they weren't child support, I had a mouth agape reaction the judge noticed and after his testimony asked the judge if I could respond to this claim and she said that she knew what I was going to say and for expeditiousness, moved forward without letting me provide testimony that would have contradicted his claim.

    Problem is is that those money orders/checks were actually meant as child support. They were sent directly to me and not through the support registry. There was never a memo on them to say what they were for so it could have been for support, the court ordered debt repayment, or other debts he has to me that are outside of Court orders. Now that he has avoided contempt by testifying and saying those payments were to satisfy his debts, can I claim that he owes back child support for the time that he was sending these payments that got him out of the contempt charges?

    I have a transcript of her ruling where she says that he provided testimony that these payments were not meant as child support but don't have the transcript of his testimony. If this goes to court, is the transcript of the judge enough to prevent him from saying 'Whatever do you mean? I never said that and those payments were obviously child support.' If he testifies that those payments were actually child support in a future court appearance, is this perjury and how would that play out?
     
  2. army judge

    army judge Super Moderator

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    Res Judicata: the matter has been adjudicated by a competent court and may not be pursued further by either party.



    If you take proof of his allegations during the contempt proceedings to the child enforcement authorities, you will LIKELY prevail.

    If continued contact with a devilish liar and contemptuous snake something you seek, remember he'll slither in spewing more lies from his BIFURCATED, thrusting tongue, so there is THAT!!!


    You might NOT have to go to court, if the child enforcement agency for your state desires to do the dirty work for you.

    That would be my first recommendation if you desire to fight the devil.


    One step at a time, grasshopper, one step at a time.

    Besides, aren't you weary of dealing with this lying devil?

    I sure as heck would be, and avoid him/her at all cost.

    But, I've never faced this problem, so what the heck do I know???
     
    HeighHoHeighHo likes this.
  3. zddoodah

    zddoodah Well-Known Member

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    Let's start by clarifying what this means.

    Is this an ex-husband -- i.e., you're already divorced? Or an ex-something else? If this is your ex-husband whom you've divorced, was this "separation agreement" incorporated into your divorce decree or another court order?

    Of course you can. You can claim anything you like. He's testified that they weren't for child support, and the court believed that testimony, so he cannot validly argue that they were for child support.

    Just as you can claim anything you like, he can say anything he likes. Determining whether the "transcript of the judge" (whatever exactly that means) is sufficient as rebuttal evidence is impossible for anyone who hasn't read it. If I were you, I would contact the court reporter and obtain a transcript of the prior hearing.

    Probably would be perjury. Perjury is a rarely-prosecuted crime. However, if he perjures himself and is caught, you can ask the judge to refer the matter to the prosecutor's office for possible criminal charges. You probably should think about whether a criminal prosecution for perjury would be beneficial to your desire to be paid the money you claim is owed and to your child.
     
  4. HeighHoHeighHo

    HeighHoHeighHo Law Topic Starter New Member

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    The separation agreement is incorporated into the divorce decree and any violation of it is grounds for contempt. He has already been jailed for past violations of it.

    So the court accepted his bs that his payments were for past debts, not support. Now when I received these payments, I was under the impression they were support. Bc of his lie and the court accepting it, can I claim without perjuring myself that I never received support during the time of these payments?

    Transcript of the judge means a full official transcript from the date that the judge made her ruling from the court reporter. This was a later date than the date of the contempt hearing, and I do not have a transcript of the contempt hearing where he lied and it was a couple years ago. Is it too late to get that now? If it is, I only have the judge providing a summary of his testimony which includes the assertion that all of these payments were not support.
     
  5. HeighHoHeighHo

    HeighHoHeighHo Law Topic Starter New Member

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    zddoodah, thank you for your response! I guess I am grateful that I wasn't able to provide sworn testimony on this. Had the judge let me speak, I would be on the record saying it is child support. As is, there is no such record, only his assertion that it is not and child support arrears accumulate interest at 12% in CO so that can add up quick.

    I've spoken with the CO child support enforcement folks and they say I need the court to say what the arrears are then they will update their records accordingly but I can't add arrears with them directly.

    About dealing with him being wearisome, yes and a thousand times yes. I have a great support system that I couldn't do it without and also a strong desire for karma to come around and thus far karma has been pretty hands off so its time to be more proactive.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Yes.
     

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