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MONEY AS MOTIVE IN FAMILY COURT?

Started by antonin, Mar 11, 2004, 07:09:53 AM

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antonin

 In criminal court money is used as a motive for crime consistently. The most recent example that comes to mind is the woman who stabbed her husband 193 times. The prosecutors argued successfully that her motive was her husband's 200,000.00 insurance policy.

In my case, my ex is a woman who is 37 years old and has made less than 20,000.00 in her life. She does not even have enough social security quarters to qualify for benefits. When this thing is over, I will have paid her close to 500,000.
That's not counting the 10 years I supported her without her working.

I am not excessively wealthy. I make about 90,000.00 a year and she gets about half at present. When I was with the FOC evaluator, I mentioned the fact about her lifetime income to him. I wanted him to consider the possibility that her motive was money.

 He did not take it that way: in his report he interpreted it to mean I was indicating she did not have the resources to take care of our daughter. I was  not direct with him.

I have no doubt that in my case her false allegations of domestic violence were motivated by the desire for money and advice from her feminist attorney. Since she has got her bucks, there has not been a peep out of her about DV or any adverse actions on my part towards our daughter. I have never been arrested or accused of any crime and have been a college teacher for 30 years, with an impeccable record
of achievement and no student complaints.

I fully expect her to make false allegations again in Jan. 06 when her alimony ends and the 3-year CS lock-in expires. At that time I will apply for a reduction of CS as per guidelines based on 50-50 custody as per decree. She will be destitute without my money.

1. Have you every heard of a family law attorney successfully DIRECTLY arguing that a mother's motivation for false abuse claims is motivated by money?

2. Since I believe that she will make false allegations in 06, how can I successfully document my fears and use them as a defense?

zachsdad

As it goes in my home state (WA), you always have the option of filing a criminal charge or filing a civil lawsuit.  

In WA, you can file a criminal charge of harassment for continous false accusations ("continous" would be defined by case law).  This would result (if your claim is substantiated) in fines, imprisionment, ect.

You can also bring the matter to civil court.  This would result (if your claim is substantiated) in monetary awards to you.  But you would have to prove damages (ie. professional, physical, psychological, ect.).

Or you can do both.  However, it is always better to bring the criminal charges first.  That way if she has been convicted of criminal harassment in the criminal courts, the civil courts will be more understanding and "in your corner" for a successful civil case.  

Either way, your concerns are documented within the court system (even if your claims are not substantiated).

Your motive may not be money, but the more cases you win, the more it will appear as general harassment by her.  This would probably end up being a large investment for a long-term return.  But this is your parental reputation you're dealing with.  What's more important that that?