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01-21-2012, 02:03 PM
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Junior Member
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Join Date: Jan 2012
Posts: 4
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child support order PERJURY
can someone help me on what I can do. I moved from Indiana to California, shortly after mopving my ex-wife went into court & asked for a child support modification stating to the court an outlandish income I was now making in California, the court notified my old attorney in Indiana but never forwarded any court papers or trials to me, the court enforced a child support worksheet based off my ex-wifes lie on my income.
now I have a HUGE amount of back child support the state of Indiana is going after, revoking my DL, levi against taxes, etc....I have had no luck talking with the prosecutters, they could care less, I get no help on what I can do. At this point I would love to be able to sue my ex for perjury in court and all the repercussions it's having on my life.....HELP
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01-21-2012, 05:04 PM
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Senior Member
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Join Date: Jul 2007
Posts: 1,887
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What happened when your old attorney was notified of the new support challenge? When you moved, did you notify the court of your new address? It sounds like at least SOME attempt WAS made to notify you (or at least your attorney), but if neither you nor your attorney showed up at the hearing to contest what mom was asking for, the court has the ability to simply enter the judgment as requested.
If mom was crafty, and waited until you moved to file this motion for modification, the court may be under the impression that you were served yet failed to appear. Your best course of action here is to start by challenging that proper service was made. You REALLY need to be speaking to your attorney, because they are going to be an important part of determining whether proper service was actually made or not.
__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.
http://www.aardvarc.org
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01-22-2012, 04:46 PM
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Moderator
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Join Date: Sep 2006
Posts: 15,249
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I agree with aardvarc. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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01-22-2012, 05:54 PM
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Junior Member
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Join Date: Jan 2012
Posts: 4
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child support PERJURY
The Indiana court & prosecuter have been very arrogant towards me, I have asked many questions about it but I continualy just get treated like a dead beat dad. My attorney was very lazy about it, I would get occasional one sentence emails form him but could never talk with him by phone the 3 hour time difference did not help nor his 2 hour lunch on the days he decided to work afternoons, had I known he was not handling my case appropriately I would have handled it by tele-conference myself.
I have determined that somehow the court never got my 1099 or tax returns from 2009 or 2010, not sure why the attorney never turned them in, but best I could determine was the child support worksheet income shows my income as the exact figure my ex went in and reported on the modification request.my actual real income was 1/3 of what was reported, the court has made judgement I should pay $319.00 a week......
I am in arrears now some $23,000.00.........my biggest worry is how to get it retroactively reduced.....
thoughts?????
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