Lying on the court paperwork...

So I was going through our court paperwork recently and realized that BM lied hardcore on her bank account information. She put that she had $500 in a checking and that was all. This woman has 4-5 figure bank accounts here and there. So, my questions are:
1. Would it have really made a difference if she had been honest?
2. Is this something we can bring to the courts attention and have anything be done about this?
3. Or best to wait until we can modify the whole court order?
I can't help but wonder if the courts would have had us pay as much as we do (over the usual because BM is handicapped and does not work) if they had known her financial situation...
Any ideas, folks?? TY

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I'd wait ...

I'd wait and take more than one issue to court. The "what's in your bank account" doesn't really matter, but when the time comes to modify chid support, you can have your attorney do a Subpoena Duces Tecum to her bank for the bank records, then you can prove her income and balance and casually point out that last time she lied.

~ Katrina

It is SO frustrating...

I understand that she is handicapped, and I understand that her life is not one of luxury when she can't do certain things w/SS, it is NOT that I don't have sympathy for this woman...but it is very frustrating to know she lives off the state (when she is perfectly capable of working from home) has multiple bank accounts w/all this money (DH has seen the bank info) and we have lost our furniture, car, forced to go on financial assistance for a while, go to food pantries, and still working 2 jobs EACH just to continute to be in debt. I feel like I'm teetering on the edge here...

I agree w/Mocha

I wouldn't bother right now. I know that sounds mean, and I'm sorry this has been so devastating for you, but going back just for that may not to be worth it. Here there is 3 years before you're able to change a court order, I don't know if that's nationwide or what, but we documented EVERYTHING my stepdaughters mother was doing (including lying about finances) and it was a win/loose battle. They didn't care if she had money in the bank or not, but we were able to prove other things that just added to proving how unfit she was. In the end we got my stepdaughter, and she hardly remembers her mother and her bullcrap. I wish you the best,
Carla

What about her W2?

She should have to supply a W2 form to the court which would show how much she makes.... in WA State you have to show W2 Forms, bank statements, and sometimes Employment Security will do there own investigating to see if the parents are being honest....

Good thought choco! ~

Good thought choco!

~ Katrina

Use the Discovery Method

You can have sent to her your Attorney what is called a Discovery and Iterrories and a request for Production of documents. She will have like 2 weeks to answer all her questions under oath and be forced to supply whatever document your Attorney requests. Depending on what state the questions may be limited. I have got to warn you this is costly to do but effective.

Interrogatories ...

They are called Interrogatories and Requests for Production of Documents. You can do this, and she is under the penalty of perjury when she answers the questions. If you can find an attorney that will let you draft the questions, and then they can fine tune them, that might help. Also, most attorneys have a set form of Interrogatories ... you coudl ask the attorney not to spend time reviewing the information, but to give it to you to review, and then you'll pass on the pertinant stuff. Think outside the box on what you can do to save your attorney time, and you money.

~ Katrina

Thanks Mocha2001

I couldn't remember how to spell Interrogatories LOL!

My BF's ex lied also. She

My BF's ex lied also. She lives with her boyfriend and pays no rent at all. When they were divorced she was only working part time and going to school, granted she wasn't making a lot, but could have been working full time. She said she paid her boyfriend for rent. She also didn't disclose life insurance money she had gotten from her step father. Now she has graduated and is still working part time, and again she could be working full time and contributing more the the welfare of her 2 children. The children aren't young so there is no reason for her to work part time other than she wants too. I too wonder if his CS would have been less had she been working and if the court really knew she didn't pay any rent.

Imputed Income ...

Can't do much about the rent thing, she coudl even make up a lease. But you could ask the state to Impute her income, if you have that where you live, whcih is what the state believes her earning potential is given her age, education, and work experience.

~ Katrina

Only issue I see...

Is if she is receiving monies from the state for her disability... than disability monies do not count as income and you can not claim it as income- so it won't matter. Disability is not touchable. However, the fact that BM is disabled does impact your child support amount. But not the money she receives from it.... seems unfair to me somehow. Just doesn't add up, you know. Maybe it's just my state or something.

My DH gets a percentage for disability due to a work related incident that happened years ago and left him with some nerve damage. BM tried to go after it but she can't because it's protected income for DH. And a judge clarified the whole disability/social security thing in court to BM and DH. In fact, if BM were to suddenly be put on disability, we would pay more and the money she would receive from the state won't count in her income statement... just doesn't seem right to me either, but whatever. Social Security is the same, I think.

So, in less the monies are actual 'income based', than it's not touchable. I'd go with Mocha's suggestion and be casual about it.

StepMom

Man has the intelligence to change his life,
Sometimes, he just fails to use it...

Wow, you are lucky that they

Wow, you are lucky that they don't count disability. My DH is looking at being medically retired (disabled) from the military and our attorney said disability WILL count as income on child support. Do you recall what the judge said becuase, even unemployment, and welfare are counted as income here.

~ Katrina

Unfortunately...

I wasn't around when that part happened, so it's basically what DH tells me and somewhat from what I know based on all the other times BM tried to 'raise' the child support on DH and we've had to go off to court. For some reason, BM is not entitled to DH's disability in our case.

The only thing I can think of is that DH isn't getting "Social Security", or "Disability", per say, but I think it's called something else. I don't understand it all myself. I just know that part of his paycheck is protected for the rest of his life through the state, and his retirement.

StepMom

Man has the intelligence to change his life,
Sometimes, he just fails to use it...

Hmm

Yea, when they took a look at our affidavits they def. took her disability and social security into account, because otherwise she wouldn't have ANY income. She doesn't work, so this is her only source.. At any rate, I'm glad they did.
UGH! And we know all about Interrogatories...her lawyer made up a whole list of them and they were brutal. "list the date you and BM started your relationship, the date of conception of SS, and the date and circumstances that contributated to you abandoning BM and your child..." I know they were meant to be character damaging, but I just thought that was so low...but it's over, so that's okay.
I never thought to do it to her...I mean, my concern would be, that would PISS HER OFF royally, and I'm wondering if it would even be worth it. We're not talking a small amount of money here. She as two accounts over $8K, and one that DH said "You don't even want to know, I wanted to :sick: when I saw it..." I think mabye I'll sit down w/a lawyer and see what's up...I was just hoping that someone might have experience w/it, and would know. Thank you guys for the advise. I felt pretty lost 'til I got here.

BM did that to us too

Asking DH about everything including CD's, Tax forms, anything and everything about retirement accounts, demanded pay check stubs for a year, investments etc. All she found out is how little he actually made. Well DH turned around and did the same. Her answer......She said that income tax returns, retirement accounts etc should not be considered for the calculation of CS and even declined to answer the questions!!!!!! This is going to be interesting. It is ok for her to ask DH those questions but she is above doing the same. What a hypocrite