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False dom. relations affidavit and discovery

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  • False dom. relations affidavit and discovery

    I filed for divorce. My husband answered the domestic relations affidavit with 3 answers from which 2 were false. He claimes I have a truck which is not true and that I have 3000 dollars a month pension in addition to my SS. What can be done about this lie? He is trying to get out of any payments to me. The truck is a lie and the pension of 3000 is a lie.
    I am frustrated because my atty. in my opinion is not following up on this. Now his atty. filed a discovery.
    During discovery, , must a SS security number in full be given or are the last 4 sufficient. My atty. said the last 4 only but I heard different stories, what is fact??

  • #2
    Re: False dom. relations affidavit and discovery

    I wish to inform you that if your attorney is not following your instructions then you may remove the attorney from representing you. Further, if you feel the attorney was negligent in the performance of duties and the standard of care expected then you may make a complaint in the Bar Association. Lastly, the last 4 digits of the SS No. will suffice.

    AFF

    Comment


    • #3
      Re: False dom. relations affidavit and discovery

      Originally posted by AFFA View Post
      I wish to inform you that if your attorney is not following your instructions then you may remove the attorney from representing you. Further, if you feel the attorney was negligent in the performance of duties and the standard of care expected then you may make a complaint in the Bar Association. Lastly, the last 4 digits of the SS No. will suffice.

      AFF
      Thank you - I was thinking myself having the atty. removed, however, I am not there right now because I was treatened by my husband and am in an undisclosed place. I communicate with her via phone and e-mail and scanning. I also think is to late in the game or can everything be stopped until I have selected a new atty. and presented all the facts to this new atty? A hearing is set for July?´10th.

      Comment


      • #4
        Re: False dom. relations affidavit and discovery

        Originally posted by Postre View Post
        I filed for divorce. My husband answered the domestic relations affidavit with 3 answers from which 2 were false. He claimes I have a truck which is not true and that I have 3000 dollars a month pension in addition to my SS. What can be done about this lie? He is trying to get out of any payments to me. The truck is a lie and the pension of 3000 is a lie.
        I am frustrated because my atty. in my opinion is not following up on this. Now his atty. filed a discovery.
        During discovery, , must a SS security number in full be given or are the last 4 sufficient. My atty. said the last 4 only but I heard different stories, what is fact??
        With a July 10 hearing date looming ahead, changing lawyers at this late date could be problematical. Have a straightforward talk with your lawyer about the false affidavits and discovery, done and not done before you make up your mind one way or another about changing lawyers.

        Unfortunately, in litigation a lot of lying (perjury) is done before the court -- false financial statements very common. It is the lawyer's job to tear down false testimony and evidence, bit by bit or in one fell swoop. So ask your lawyer how he is going to disprove the false evidence. Only then if his answers are inadequate would I consider changing counsel.

        Social security numbers are usually provided in domestic cases, the numbers redacted from the public file. Income tax returns are required also to be filed. Has he filed his? Have interrogatories gone out and been returned yet? Social security numbers will show on those income tax returns. Employer's wage statements, check stub copies, copies of income tax returns are customary evidence and these should be subpoenaed along with the financial affidavits each party is required to produce.

        If you feel your lawyer is not being diligent enough in discovery, then by all means seek other counsel. But your hearing date would have to be continued if the court allows your lawyer to withdraw and another lawyer to substitute. And your bill will have to be paid with your current lawyer before he turns over the file to another. Attorneys lien it is called to protect a lawyers right to be paid for the work he has done.

        Comment


        • #5
          Re: False dom. relations affidavit and discovery

          Originally posted by Friend In Court View Post
          With a July 10 hearing date looming ahead, changing lawyers at this late date could be problematical. Have a straightforward talk with your lawyer about the false affidavits and discovery, done and not done before you make up your mind one way or another about changing lawyers.

          Unfortunately, in litigation a lot of lying (perjury) is done before the court -- false financial statements very common. It is the lawyer's job to tear down false testimony and evidence, bit by bit or in one fell swoop. So ask your lawyer how he is going to disprove the false evidence. Only then if his answers are inadequate would I consider changing counsel.

          Social security numbers are usually provided in domestic cases, the numbers redacted from the public file. Income tax returns are required also to be filed. Has he filed his? Have interrogatories gone out and been returned yet? Social security numbers will show on those income tax returns. Employer's wage statements, check stub copies, copies of income tax returns are customary evidence and these should be subpoenaed along with the financial affidavits each party is required to produce.

          If you feel your lawyer is not being diligent enough in discovery, then by all means seek other counsel. But your hearing date would have to be continued if the court allows your lawyer to withdraw and another lawyer to substitute. And your bill will have to be paid with your current lawyer before he turns over the file to another. Attorneys lien it is called to protect a lawyers right to be paid for the work he has done.
          Thank you, very helpful.

          Comment

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