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Author Topic: Going to court on Friday  (Read 771 times)

joni

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Going to court on Friday
« on: Feb 24, 2005, 10:08:40 AM »

Michigan is the jurisdiction.  We have a trial for a reduction in child support.  My husband's ex wife has been less that cooperative.  

- Since October, she's refused to name the college she attends.  
- Since October, she's only supplied half of her financial information.
- She claimed to work 9.25 hours a day, got her job subpoena'd info, she's only work 7 hours a day.
- She claims to work all year round, job subpoena'd info confirmed she's only working 10 months out of the year, as a teacher.

Based on the evidence that's she lying and further, she's refused to supply info for an interrogatory and from a court order, can we get a direct judgment in our favor from the judge, based on her lack of cooperation?


socrateaser

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RE: Going to court on Friday
« Reply #1 on: Feb 24, 2005, 09:40:52 PM »
>
>- Since October, she's refused to name the college she
>attends.
>- Since October, she's only supplied half of her financial
>information.
>- She claimed to work 9.25 hours a day, got her job subpoena'd
>info, she's only work 7 hours a day.
>- She claims to work all year round, job subpoena'd info
>confirmed she's only working 10 months out of the year, as a
>teacher.

Most teachers only work 9 months, so 10 months is better.

>
>Based on the evidence that's she lying and further, she's
>refused to supply info for an interrogatory and from a court
>order, can we get a direct judgment in our favor from the
>judge, based on her lack of cooperation?

A lie is meaningless unless it's relevant to proving a material fact at issue in the case. I don't know exactly what you need to prove, but assuming that you need all of this info to correctly calculate support, you could question her about the hours on the stand, and then provide a copy of your evidence to rebut and ask if she'd like to reconsider her answer.

If her attending college is a requirement to her being able to work part time, and she's not attending, that would be pretty material, but if you needed that evidence, then you should have moved to compel discovery. If you ask her on the stand, she can say anything, and you won't have any way of verifying her claims.

I just don't have enough facts to analyze your presentation.

socrateaser

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RE: Going to court on Friday
« Reply #2 on: Feb 24, 2005, 09:40:52 PM »
>
>- Since October, she's refused to name the college she
>attends.
>- Since October, she's only supplied half of her financial
>information.
>- She claimed to work 9.25 hours a day, got her job subpoena'd
>info, she's only work 7 hours a day.
>- She claims to work all year round, job subpoena'd info
>confirmed she's only working 10 months out of the year, as a
>teacher.

Most teachers only work 9 months, so 10 months is better.

>
>Based on the evidence that's she lying and further, she's
>refused to supply info for an interrogatory and from a court
>order, can we get a direct judgment in our favor from the
>judge, based on her lack of cooperation?

A lie is meaningless unless it's relevant to proving a material fact at issue in the case. I don't know exactly what you need to prove, but assuming that you need all of this info to correctly calculate support, you could question her about the hours on the stand, and then provide a copy of your evidence to rebut and ask if she'd like to reconsider her answer.

If her attending college is a requirement to her being able to work part time, and she's not attending, that would be pretty material, but if you needed that evidence, then you should have moved to compel discovery. If you ask her on the stand, she can say anything, and you won't have any way of verifying her claims.

I just don't have enough facts to analyze your presentation.

 

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