Legal Question in Criminal Law in California

My husband's ex-wife has lied about my husband and I paying her child support. We always paid, and have proved it in court each time (4) she takes us to court for whatever reason. Problem is...she lies on court documents about her income because she was getting welfare illegally. She has been prosecuted once for this and is now under investigation. Each time she does this we have to pay for an attorney to clear our name, or we have to go through so much paperwork. She also claimed the kids on her taxes even though the deduction was given to us in court for paying OVER the guideline of CS. She just had her 2 other kids (different guy) taken away from her for felony child abuse...yes, real class act.

Do we have any criminal recourse in her giving false court documents or claiming we didnt pay cs?

I want her to go to jail basically. The three kids involved are all over 18 now.


Asked on 9/23/12, 7:59 pm

1 Answer from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

You could go to the police and see if they will file a report based on what you can prove (if so, they will turn it over to the DA and the DA decides what & whether to file criminal charges) and /or civil litigation attorneys as to your options to proceed against this woman (to get money damages.) You alone don't have the power to prosecute criminally but you may to proceed civilly.

This is a civil question not a criminal question ... you could repost in Civil to see if you get more responses. This section is for people who are being charged with a criminal case. Good luck!

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Answered on 9/24/12, 11:43 am


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