My question involves court procedures for the state of: NJ
I represented myself pro se last year in filing a motion for modification of child support paid to my ex spouse. At that time, I did not submit sufficient evidence with my motion to prove change in circumstance (significantly increased income due to new job). I did bring the evidence to Court with me, and although the Judge would not allow it to be formally submitted, he did (apparently in an attempt to get the matter resolved expeditiously) directly question my ex spouse's attorney as to whether they were claiming that there had been no change of circumstance.
Ex spouse's attorney told the judge that there had been no change in circumstance other than MY income increasing slightly since the original order. Judge subsequently denied my motion for discovery/modification.
I have now filed a new motion for discovery/reconsideration, with sufficient documentation to demonstrate prima facie. The judge has ruled that there has been two obvious upward job changes on the part of my ex spouse, likely to have resulted in significantly greater income, and has ordered both of us to submit financial documentation for modification of support.
Now that I have this affirmation by the judge in the new order, that there was a change in circumstances on the part of my ex spouse (in addition to the upward job changes, there was also disposal of the former marital home, resulting in significantly lower housing cost for my ex spouse), AND I have the transcript of the prior motion hearing where my ex spouse's attorney lied to the judge in claiming no change of circumstances, does this allow me to pursue contempt charges and/or other sanctions against my ex spouse and counsel?
I ask this because my ex spouse and counsel have filed an additional motion against me (I believe in retaliation for my new motion for support modification), where they have made several additional false and misleading statements to imply that I have not paid past support judgments. I would like to use the prior transcript and the order to prove bad faith and attempts to deceive the Court.
Can I do this?
Is an attorney considered to be under oath when making statements to the Court, just as I am? I was asked by the Court to swear in prior to my oral argument, but opposing counsel was not. I assume that counsel is held to the same standards of truthful testimony as I am - am I wrong?