Legal Question in Family Law in New Hampshire

Re: Falsifying Gross Income on Financial Affidavit

Well, certainly if the temp. order was based on false or incorrect information then that could form the basis of a motion to vacate to allow you to go back and change that order. If the Marital Master found that the incorrect amount was intentional then she could refer the matter to the county attorney for possible criminal prosecution for perjury or more likely for filing a false statement. If the Court felt that the attorney participated in a fraud upon the court then that matter could be referred to the professional conduct committee for action against her attorney. I recently attended our Mid-Winter Meeting where we reaffirmed our Attorney's Oath. Contrary to popular humour attorneys are not paid to lie, our oath in NH is as follows:

"I solemnly swear or affirm that I will do no falsehood, nor consent that any be done in the court, and if I know of any, that I will give knowledge thereof to the justices of the court, or some of them, that it may be reformed; that I will not wittingly or willingly promote, sue or procure to be sued any false or unlawful suit, nor consent to same; that I will delay no person for lucre or malice, and will act in the office of an attorney within the court according to the best of my learning and discretion, and with all good fidelity as well to the court as to my client. So help me God or under the pains and penalty of perjury."

I would admonish you that you cannot use the threat of criminal prosecution to gain some advantage in a civil matter. I would recommend that you consult with your counsel regarding the matter. If it can be determined that the error was inadvertent, perhaps an agreement between the parties to retroactively correct the order and perhaps cover your legal fees for doing so could be reached and filed with the court. If the error appears intentional then your attorney should bring this to the attention of the court.

Please note that this opinion does not represent legal advice. I am not your lawyer and by answering this question we are not forming an attorney/client relationship. This answer is no substitute for competent legal advice from an attorney who has had a chance to review all the facts of your case and the associated law.

Kerry Barnsley

Kerry Barnsley, Attorney at Law

P.O. Box 2372