Legal Question in Family Law in New York
Perjury During Support Hearing
My husbands ex wife commited perjury during a support hearing in which my husbands support was raised for his estranged son, this support ended in March because his son turned 21. We found out that his son has been in the Army for the past 4 years through an email he sent to a friend. Is there any way to recoup the $20,000 he had paid for the years that his son was in the service and is there anything legally we can do to have his ex prosicuted for perjury, we have transcripts in which she stated he resided with her. She knowingly lied to keep receiving support.
2 Answers from Attorneys
Re: Perjury During Support Hearing
Well you could go to the District attorney. Without reviewing the transcript, she may have been right. A child who goes to college still can reside at his mom's house. The same maybe true in this situation. Their divorce decree has more information, your husband should look into this with a qualified matrimonial/family law, attorney.
Good luck.
Re: Perjury During Support Hearing
You would have to commence a civil action for fraud and abuse of process. You would need a copy of the transcript from the Family Court, a certified copy of the son's Army records (obtained by subpoena), and proof of child support payments made.
If you live outside the city of New York, you would have to commence the action in Supreme Court. If you live in the city, you may start the action in Civil Court since the monetary limit for an action is $25,000.
Mike.
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