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  1. #1
    Join Date
    Jan 2013
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    4

    Default False Documents to the Court and False Testimony During Trials

    My question involves criminal law for the state of: Massachusetts
    My situation has multiple layers and court appearances. The issue is my ex-wife lied and produced false documents to the court and false testimony during trials. The layers come during the process. The divorce was filed by me stating she was going out during the week drinking and doing drugs. I filled irreconcilable differences. The judge awarded her everything including significant monetary awards in which she was not eligible under Massachusetts laws. He used his discretion based her falsified documents and testimony. The last court appearance we had a guardian ad lite m for the girls (x3) in his report she admits doing drugs and drinking during the time I stated in the divorce filing. The divorce decree was granted on the sole premise and her testimony that she didn't engage in those activities during the trial. The judge never read the report and acknowledge that his divorce judgment was based on false testimony and documents. Do I have a case to pursue against her or the court for the monetary rewards granted her?

  2. #2
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    Apr 2009
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    Default Re: False Documents to the Court and False Testimony During Trials

    It would appear that her testimony was more convincing than yours.

    If you wish to appeal the decision, you'd be better off speaking with an attorney.

    You also must realize that "irreconcilable differences" is more or less the equivalent of "no fault" - meaning that the drinking etc., wouldn't really matter.

  3. #3
    Join Date
    Jan 2013
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    4

    Default Re: False Documents to the Court and False Testimony During Trials

    Dogmatique,

    Thanks for the response. I have spent over 20,000. on lawyers. Most of the motions were frivolous and I was denied lawyers fees. I'm contemplating suing her. Her lawyer and her decided they were going to file a spreadsheet (excel) stating that I was in arrears for $10,000.00, I submitted a department or revenue child support division statement showing I was current and had a balance of $0.00. The judge found for her and made the dept of revenue change my order from $0.00 to a $4,200.00 Arrear age and I had to pay it. I lost over $80,000.00 if these types of judgments. And the attacks are still coming. I will consult with an attorney, if I get enough information to justify moving forward. Any advice?

  4. #4
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    Sep 2005
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    Default Re: False Documents to the Court and False Testimony During Trials

    Suing her for what? The fact that she got a more favorable divorce judgment than you would have liked? That won't fly.

    As Dogmatique said, the court found her version of the facts more credible than yours. Had you been able to establish that anything she was submitting to the court was false or misleading, you should have done so during the trial.

    Temporary child support can be modified at the conclusion of a divorce case. If the court erroneously found that the Department of Revenue had a $4,200 balance due when in fact it had a $0 balance due, that money would not disappear - the court's order doesn't change the Department of Revenue's numbers unless it retroactively increases the amount of support. The Department of Revenue was not a party to your divorce proceeding, so it would not have been "ordered" to change the balance due - it would simply update its accounting to reflect that your support obligation had been retroactively increased. If you're not sure what happened, discuss this with your lawyers.

  5. #5
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    Jan 2013
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    4

    Default Re: False Documents to the Court and False Testimony During Trials

    Mr. Knowitall,

    Thanks for the reply. The judge ordered the Dept of Revenue to reflect a balance of 4,200, so I would have to pay it. The DOR's records were 0.00. they changed it to reflect a balance of $4,200.00. I know my attorneys were laxed in their judgemets not to pursue her for for lying. The documents they filed were done the morning before trial. Were were not prepared to defend the documents. That was just one instance. There were many that cost me severely. I'm just exploring my options. She is starting a new campaign against me. Something has to change and her being finacially responsable for her actions may be my only way to stop her.

  6. #6
    Join Date
    Sep 2012
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    1,991

    Default Re: False Documents to the Court and False Testimony During Trials

    well is seems that you lose every time you get to court, how will more of the same teach her a lesson? it is you who has not learned.

  7. #7
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    Apr 2009
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    Default Re: False Documents to the Court and False Testimony During Trials

    A "new campaign" for...what?

    - - - Updated - - -

    Quote Quoting Lehk
    View Post
    well is seems that you lose every time you get to court, how will more of the same teach her a lesson? it is you who has not learned.
    Valid point!

  8. #8
    Join Date
    Jan 2013
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    4

    Default Re: False Documents to the Court and False Testimony During Trials

    Thanks for the reply,
    A living hell is an understatement. I never filed one motion towards her. The divorce was supposed to be amicable. It took four years to get the decree and it was based on false and misleading testimony and documents. It has put a strain on my girls, whom are all in therapy. My ex wife saw her actions were benefiting her financially and considers her games a source of revenue. I just wanted her to go away. I have acknowledged that she is selfish and doesn't accept responsibility for her actions. My original question remains “How do you stop the injustice” Her actions do violate my rights. The court is not doing due diligence in granting fair and impartial judgements She files motions every two years. The last time she gave me custody of our 14 year old. She has been living with me for four years. Her child support obligation according to the guidelines was $320.00 per week. The judge ordered she was to pay no child support. These are just many ongoing issues and she will not stop. Advice?

  9. #9
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    Apr 2009
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    Default Re: False Documents to the Court and False Testimony During Trials

    I'm seeing nothing illegal here.

    You might not like the decisions, but I'm seeing no wrongdoing.

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