Spouse lying on ALL divorce papers; is there any form to fill out/turn in to inform judge, DA, etc.?

A

angfisher25

New Member
Jurisdiction
California
Thanks for reading this question, I really hope there is a form for this kind of thing. But if not, my question would be: Is it okay to write the judge (or DA, City Attorney, judicial officer handling the case) a letter to inform them? Starting out, he asked the Court to waive his fees, saying he's unemployed -- lie. He makes over $115,000 a year. He is taking advantage of something that is there for people that really need help, and I can't stand that. Husband lies about four times on every document/form he filled out, it's something I simply cannot let slide. I would expect someone to "tell on me," also! Just not right.
And who would I write the letter to -- or turn form into Court Clerk? I saw a website of all different formats of letters to write an very clean and smart, spiffy letter to those important folks.

Thanks.
 
If he's lying, and it matters to the government, it'll eventually be discovered, if the government cares.

I suggest you focus on your case.

Divorce litigants care, because it involves them.

Realistically, everyone knows he hates she, she hates he, but no one beyond he/she cares.

If you observe a crime, you're free as is anyone, to report your observations to the DA or the police.
 
angfisher25 said:
who would I write the letter to
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Nobody.

Regardless of what you saw on the internet, "writing a letter" is NOT the proper way of bringing anything to the attention of the judge.

If you are going through a divorce with that kind of naivete I suggest you hire a lawyer ASAP because, without professional help, you are likely to be taken to the cleaners.
 
adjusterjack said:
Nobody.

Regardless of what you saw on the internet, "writing a letter" is NOT the proper way of bringing anything to the attention of the judge.

If you are going through a divorce with that kind of naivete I suggest you hire a lawyer ASAP because, without professional help, you are likely to be taken to the cleaners.
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Thanks. I have a lawyer. My lawyer hasn't really "been around much," although I have been seeking him in attempts to communicate.
This is an awesome forum where people that are not attorneys, who don't know law, who need assistance. If they don't know the answer to their question (which is NEVER stupid) can freely and comfortably ask questions, usually get solid answers from experts in a respectable manner for the most part. They are interested in giving the best information, aren't interested in embarrassing you or being right or appearing clever... their ego is right-sized and they are truly helpful. So thank you.
Oooh, that was kind of fun.
 
angfisher25 said:
Thanks. I have a lawyer. My lawyer hasn't really "been around much," although I have been seeking him in attempts to communicate.
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You pay your lawyer. He works for you. He should be responsive to your requests to meet and discuss important issues and how to resolve them.

Your enemy's income is a big issue and there are ways that your lawyer can investigate and properly bring the information to the attention of the court.

If your lawyer is not willing to sit down with you and discuss this, consider firing him and getting one who will.

Just keep in mind that EVERY time you and your lawyer talk, he's going to add it to your bill so make sure your efforts to contact him are for critical issues.
 
You may want to think this through. Has an attorney been appointed? Usually this is a matter that is prior investigated before free legal counsel is simply handed out to a person representing themselves to be financially incapable. If you're going through a divorce then this could work very well to your benefit. First, it should be relatively easy to prove your soon to be ex is making over $100,000 per year and yet comes to court pleading poverty. Second, you may be better off having your husband use free legal aid instead of using all that money to hire someone who may put a whole lot more time, effort and skill into vigorously and zealously prosecuting the client's case against you!
 
Michael M. Wechsler said:
You may want to think this through. Has an attorney been appointed? Usually this is a matter that is prior investigated before free legal counsel is simply handed out to a person representing themselves to be financially incapable. If you're going through a divorce then this could work very well to your benefit. First, it should be relatively easy to prove your soon to be ex is making over $100,000 per year and yet comes to court pleading poverty. Second, you may be better off having your husband use free legal aid instead of using all that money to hire someone who may put a whole lot more time, effort and skill into vigorously and zealously prosecuting the client's case against you!
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I just went back and re-read before I sent this and I see it is sooooo long! I am so sorry!!

Thanks so much for your answer – I am replying with a few statements and another question kind of late! Hope you are still there!
My husband got an attorney, I believe, when he was served my response, which was contested, of course. But at first he was pro per, arrogantly thinking he "had it in the bag"! Not 100% sure he got attorney, but he has the funds and, in the past, he has made the comment: "Well, my attorney says…" BUT he is a compulsive liar. Seriously, lies about everything. I do know they have a "family attorney" and they have the $$.
When I say "they" have the $$, I mean his family/his mother is very wealthy. His mother's $$ pretty much keeps my husband alive by fully financially supporting him... and that is where my case gets sticky!
I've been told by many different counsel that that $$ is definitely considered income because it is dispensed on a regular basis just like a paycheck (every 1st and 15th of every month), it's been this way for a very long time and it continues. Also, the amount is unvarying; steady and regular, and our bank statements (deposits) prove that.
-- In fact, can you verify that for me, that it's true that it's "income"?
My attorney has proven he's not interested or too busy for my case, so I am basically investigating myself, learning the law myself, and will hopefully get a pro bono attorney or something... like tomorrow!
The big issue: He has decided he wants no wife, no extra money stress, doesn't want to work, -- and he likes to "fool around"! He wants to spend family money on gambling and other illegal activities instead of family/future. We are broke now, and this is when he splits. He knew I could not cover the bills that HE paid in the past, and I paid a few.
MY ISSUE: Our rent here is due in two days – he's gone, got his own place, stopped paying rent here. We were going to stay here, sign a new lease just DAYS before he left me.
Now I'm stuck with BIGTIME bills, a very high rent (he kept us living very nice and comfortably), lots of other bills that I CANNOT pay.
I WILL BE EVICTED IN FOUR DAYS. What can I do?
Sorry so darn lengthy!!
Thx!
 
Michael M. Wechsler said:
You may want to think this through. Has an attorney been appointed? Usually this is a matter that is prior investigated before free legal counsel is simply handed out to a person representing themselves to be financially incapable. If you're going through a divorce then this could work very well to your benefit. First, it should be relatively easy to prove your soon to be ex is making over $100,000 per year and yet comes to court pleading poverty. Second, you may be better off having your husband use free legal aid instead of using all that money to hire someone who may put a whole lot more time, effort and skill into vigorously and zealously prosecuting the client's case against you!
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PLEASE feel free to skip down to the bottom and grab my question (I am the composer-writer!) and don't worry about my VERY embarrassingly long story preceding the question that you probably do not have time for! Thank you so much! ATS
 
angfisher25 said:
When I say "they" have the $$, I mean his family/his mother is very wealthy. His mother's $$ pretty much keeps my husband alive by fully financially supporting him... and that is where my case gets sticky!
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Yes, it does, because his mother's support has no bearing on your case.

What does have a bearing is if he is intentionally unemployed or underemployed and is capable of earning an income.

angfisher25 said:
-- In fact, can you verify that for me, that it's true that it's "income"?
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"Income" maybe, but not "earnings".

You will have to show that he is capable of "earning" a living and if a judge rules that he is, he can be found in contempt and be compelled to pay support or go to jail, at which time he may have to use his "income" from his mother to keep himself out of jail.

angfisher25 said:
My attorney has proven he's not interested or too busy for my case,
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Then fire him and get another.
 
adjusterjack said:
Yes, it does, because his mother's support has no bearing on your case.

What does have a bearing is if he is intentionally unemployed or underemployed and is capable of earning an income.



"Income" maybe, but not "earnings".

You will have to show that he is capable of "earning" a living and if a judge rules that he is, he can be found in contempt and be compelled to pay support or go to jail, at which time he may have to use his "income" from his mother to keep himself out of jail.



Then fire him and get another.
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Thank you. He is capable, guess I just have to prove it. I know his mother is not obligated in any way to me financially.
And I guess I should've mentioned this -- but he kept a very big secret and he did it very well – I would say almost perfectly. He did not disclose the truth to me in the very beginning. He's been a master manipulator and he pulled it off… a narcissistic, excellent liar. Professional. And I am not a stupid woman, I was not missing red flags… but I kind of caught on six months ago.
I have absolutely no problem working and making my own money, I enjoy working very much. I have been applying for jobs everywhere.
But he deceived me, and he knows it, and I cannot make near enough of a salary to stay here in California and support myself… Forget trying to live the way I've been accustomed to since I've been with him (and thought I always would be). We've had a very very very nice, extremely comfortable life.
Now I'm asking my neighbor for gas money.

I understand what you are saying and I thank you very very much for your response!
 

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