Abuse of process - false filing?

[wysiwyg]

Soc,

IN state

Went to Courthouse to pay on CS Wednesday, they told me that there was something filed the previous week on our case.  I went to the courtroom and spoke to the recep. and obtained a copy of the motion and the order.

Motion was BM accusations that I "failed/refused" to pay my cs.  She also signed the motion that under penalty of perjury that the allegations were true to the best of her knowledge.  THis was filed the 29th.  On the 30th judge signed an order to appear and set court date.

I was under a with holding order from July 04 until third week April 06 when I changed jobs.  CS was sent by my employer to the state and I have copies of receipts and transactions.  SInce I changed jobs, no with holding has been put into place so I have been going to the court house when I was in the area and paying several weeks at a time on CS.  

There have been 27 weekly payments made to date on the CS , the one right previous to her filing was less that 2 weeks prior to her filing.

To make matters more confusing - her attorney filed the action and did not list anyone on the distribution list, and listed me on the distribution list for the order - my attorney was completely left off and I would not have received a copy of the filing had I not been at the courthouse on Wednesday and paid for my own copy, the order was sent to me and an email to my attorney with scanned copies of the motion and filing confirmed that he was not aaware of this new action.

1.  Isn't this perjury to claim failure/refusal to pay when she has received all payments?

2.  What can be done to stop this ridiculous action?

3.  Can something be done to correct BM attorney on his distributions?  I am assuming that was intentional - since BM attorney has been in court before with ours.

[socrateaser]

>>1.  Isn't this perjury to claim failure/refusal to pay when
>she has received all payments?

Perjury is a crime, and only the State can prosecute, so, while it may technically be perjury, it's not perjury unless it's actually prosecuted by the government.

However, it is a material falsification/fraud on the court to file a false affidavit/declaration, which is contempt, and the court can sanction the party who files a false pleading.

This having been said, be advised the the fact that you changed jobs, does not eliminate your duty to pay support. Just because the withholding order itself is no longer enforceable, doesn't mean that you are not still subject to pay directly. So, if you did not file for a modificaiton concurrent with your job change, then your duty to pay is the same as before, and failure to pay is contempt.

If you did file for a modification, but you have not had a final order on the motion, then you are still obligated to pay, although you may later be entitled to credit for overpayment if your new job pays less.

>2.  What can be done to stop this ridiculous action?

It's not clear to me that the action is ridiculous. Your facts are incomplete.

>3.  Can something be done to correct BM attorney on his
>distributions?  I am assuming that was intentional - since BM
>attorney has been in court before with ours.

If you were personally served with the motion or order to show cause, then that is all that is legally requred, because this is a new post-judgment action and personal service on the adverse party is the due process requirement. After establishment of the new action, further pleadings can be served by mail to your attorney.

[wysiwyg]

Sorry Soc, Frustration was setting in and I apologize for not being clear.

During job change, I have been paying support, all support is current 100%.  Thus i asked how the action ca be stopped and not have us incur attorney's fees to go to court.  

My attorney is aware of the job change and nothing needs to be done as a new income with holding is being put into place but has yet to be finalized, I am and have been manually paying the CS inbetween old and new job with holding orders.

I did receive a copy of a letter sent to BM attorney yesterday, my attorney simply stated what is the amount alledged as he had reviewed the states ledger and all appeared to be current.  

Hope you had a nice vacation!

[socrateaser]

>Sorry Soc, Frustration was setting in and I apologize for not
>being clear.
>
>During job change, I have been paying support, all support is
>current 100%.  Thus i asked how the action ca be stopped and
>not have us incur attorney's fees to go to court.  
>
>My attorney is aware of the job change and nothing needs to be
>done as a new income with holding is being put into place but
>has yet to be finalized, I am and have been manually paying
>the CS inbetween old and new job with holding orders.
>
>I did receive a copy of a letter sent to BM attorney
>yesterday, my attorney simply stated what is the amount
>alledged as he had reviewed the states ledger and all appeared
>to be current.  
>
>Hope you had a nice vacation!

If you are current on your payments, and the other parent states that you're not, then I'd take the action to court and demand that the parent show the evidence that supports her motion. If she fails, then you get all your attorney fees paid, and if she has failed to pay them in the past, then I'd ask the court to credit your child support against the attorney fees owed.