Legal Question in Family Law in Louisiana

I owed arrearges to my ex. The judgment ordered me to pay back the money at $150 a month. My ex sent me legal papers requesting a reconsideration for more money than that. I did not pay for a lawyer bc I didn't have the money for one, also I figured the judge would either say yes or no. So I went to court without a lawyer. While there, she lied under oath saying I owed her more money than what was in the papers. I argued and said she was lying but the judge said either I had to agree to it or keep fighting. I figured I would just agree to end it that day, get the proof that she was lying, then have the papers changed back to the right amount. But when her lawyer drew up the papers from court, the lawyer wrote it was a stipulated judgment. I had the proof that she is lying, but I was told with it being a stipulated judgment that it cannot be changed. The amount is $3700 that she lied about. Is there anything I can do about this? What would be my best option? Could i take her to small claims court where it wouldn't cost me any money to get the money back that I was ordered to pay her that wasn't right?? Please help!!!! The money she lied about was her saying that in our divorce papers I was responsible for back taxes and she had a paper from the IRS saying more money was withheld from her that I was responsible for but that wasn't true. I contacted IRS and got the information and she did not pay that. This stipulated judgement was signed in Jan 2009. Also is there a time period that you have to file anything?


Asked on 2/04/10, 8:25 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

Whatever you do will have to be in the same proceedings. If you try to file a small claims suit, it will be kicked out of court for what is called lis pendens.

You are in a serious pickle because you agreed to the amount. In effect, it is a consent judgment and by trying to change it now you are essentially saying that you also lied under oath by agreeing with it. You should not have agreed to something that was not true, just because you were tired of fighting. That was a huge mistake and you may have to live with that mistake.

Do not ever--no matter what is being threatened, promised, whatever--admit to a lie...especially when you are in court under oath.

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Answered on 2/11/10, 11:17 am


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