Sunday, February 7, 2010

Can a person be prosecuted for knowingly offering a false document as evidence in court?

My son's ex went to court attempting to modify her child support, she claimed that she incurs childcare expenses regularly. she was granted some time gather evidence to present in court. Two months prior to this court hearing, she took it apon herself to enroll their five year old son in an expensive daycare 20 miles away 10 miles away from my sons home (he has physical custody) He refused this since I had been doing his daycare since he started his job ten months earlier for next to nothing. two days after she (her mother) wrote a $400.00 check for one month, she (her mother) returned and was refunded the entire amount. two months later, the ex brings the original receipt into court and offers it to the judge as evidence of a childcare expense knowing that she had already been fully refunded. The judge ruled that this was not a significant expense to warrant a modification. but he did order that my son pay half of this amount in thirty days.Can a person be prosecuted for knowingly offering a false document as evidence in court?
Your son...or his lawyer...should contact the daycare and get written documentation from the manager that the child was withdrawn and the 400 refunded. If they day care won't give the information to your son - his lawyer may need to take steps to get the documentation. Don't know if the ex can be prosecuted or not....but it would hurt her credibility for the future and your son may be able to get his 1/2 of the money back .Can a person be prosecuted for knowingly offering a false document as evidence in court?
HECK YEA! i didnt even read your description.. the question is obvious





you can never submit a false statement in court... that's why in the witness stand you swear to tell the truth.. submitting a piece as evidence has to evidence ';the truth';





tell the judge that is was refunded! and she got all her money back...
You should inform the court of this ASAP. You should have come forward with the information at the hearing if you had it at that time. Document this perjury and present it to the court. The judge may or may not prefer charges against her. But, your son may get his money back.
Its called perjury, since she had to present it with supporting testimony. As the custodial parent, he can legally get copies of all records pertaining to their child, and if the school won't give them up, subpoena them.
My question is, why didn't your son via his attorney testify to the fact that the enrollement was a pretext, the evidence was false and the amount was refunded?
Yes its called perjury. And it is punishable by law. If your son has physical custody than the child's mother has no right to child support anyway.
yes , and when u provide proof to that judge that she purgered herself, the man will probabbly be pissed enuf at her that she will get at least contempt con viction with at least 30 days jail time.
YES FOR PERJURY...I am a legal assistant.
Yes - she could be prosecuted.
Kiddies, can you say P E R J U R Y??? Good! Now, can you say J A I L???





Now,. where do you go if you are convicted of perjury?
There must be more to the custody and visitation agreement than just child support to justify the order. If your son has custody, then the child would be living with him, making him the custodial parent. It is the custodial parent that gets to deduct the daycare expenses when calculating child support. If there are other stipulations in regards to reimbursements, those stipulations would be taken into consideration as well. Depending on whether your son has sole legal or shared legal custody, would determine if his ex even has the right to enroll the child in a daycare without his agreeing.
Unfortunately, you have many people who abuse the criminal justice system for things that make absolutely no sense at all. Apparently she feels the need to retaliate against him for something but the one thing that most don't realize is that the children are the ones who suffer the most in these types of situations.





You have to prove without a doubt that someone has lied under oath to have them prosecuted. If the custodian has an attorney, they would be the ones to investigate this issue or the custodian can reach out to the facility and get the proof needed to handle this situation. Falsely filing a claim or complaint is illegal. In my state, you take an oath when you file the complaint. If he wants to go the course for this, then so be it, but unless it is something that can't be overlooked, ignore it and don't give this woman the power over his life that she obviously wants. The fact that he has custody says enough.

No comments:

Post a Comment