Legal Question in Family Law in Michigan

False MOTION

What happens to someone who files a false motion? Recently I received a motion that basically said I didn't mail a hearing date to the ex, since she never received it she ''claims'' that the hearing to seek child support (where I was granted support, she was a no show) that I was granted child support under false circumstances/pretences. However, not only did I mail it, but I sent it certified mail (kept receipt). I've already responded to her motion submitted my receipt as an exhibit, but should I also submitted proof of mailing w/the attached certified mail receipt. Yes, I am representing myself. I cannot get an attorney every time, thus I have to go it alone, and I�m still paying off the last attorney. I did serve her with the court date hearing, I have the receipt of mailing from the post office, yet she told the court that I was frequently in my claim and shouldn't receive any support, as I never served her. F.O.C. served her as well. It has been my experience with the court that, at times, they do exactly what they want to do, even with the evidence in front of them. Within the motion there are approx 10 claims that I have backed up with evidence (certified mail receipts). What do you think the outcome will be?


Asked on 9/04/08, 11:36 am

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: False MOTION

When you say certified mail receipt, do you mean the Green Return receipt card? If you don't have that, it may be hard to prove she received notice, unless yo had a way of proving it was received by tracking number. If you can prove that I have no idea why you wouldn't prevail.

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Answered on 9/05/08, 2:30 am


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