Suing over Contents of Affidavit

Here is an odd question... has anyone ever heard of someone suing or being
sued over a statement made in an affidavit. Since an affidavit is a 'sworn
statement of facts' can somone be sued if they lie? For example, what if
they said that a child was sexually abused in an affidavit (to gain
custody), but the allegations were false. Could ther parent sue the other
parent for a false allegation?

Just curious..

Henry

"Henry" wrote in message
7.142...
Here is an odd question... has anyone ever heard of someone suing or being
sued over a statement made in an affidavit. Since an affidavit is a 'sworn
statement of facts' can somone be sued if they lie? For example, what if
they said that a child was sexually abused in an affidavit (to gain
custody), but the allegations were false. Could ther parent sue the other
parent for a false allegation?

Just curious..

Henry

It's called "perjury". And the answer to your question is yes, they lied to
the court, falsified documents and placed themselves in a very bad spot.

In article , Dusty says...

"Henry" wrote in message
. 97.142...
Here is an odd question... has anyone ever heard of someone suing or being
sued over a statement made in an affidavit. Since an affidavit is a 'sworn
statement of facts' can somone be sued if they lie? For example, what if
they said that a child was sexually abused in an affidavit (to gain
custody), but the allegations were false. Could ther parent sue the other
parent for a false allegation?

Just curious..

Henry

It's called "perjury". And the answer to your question is yes, they lied to
the court, falsified documents and placed themselves in a very bad spot.
====
Yes. The only ones who are able to do this freely and without sanction are
custodial parents at CS hearings. Seriously.
====

"Dusty" wrote in message
...
"Henry" wrote in message
7.142...
Here is an odd question... has anyone ever heard of someone suing or
being
sued over a statement made in an affidavit. Since an affidavit is a
'sworn
statement of facts' can somone be sued if they lie? For example, what if
they said that a child was sexually abused in an affidavit (to gain
custody), but the allegations were false. Could ther parent sue the
other
parent for a false allegation?

Just curious..

Henry

It's called "perjury". And the answer to your question is yes, they lied
to
the court, falsified documents and placed themselves in a very bad spot.

The question is - Will a judge do anything about it? Don't forget the
family law judges always find wiggle room when you try to force them into a
corner about perjury.

In my case, I did an extensive analysis of my ex's checkbook records to show
how she spent her money was remarkably different than what she swore to
under oath on a uniform support affidavit. The judge blew off the perjury
issue by stating she already knew my ex was lying and she took that into
consideration before making her ruling.

"Bob Whiteside" wrote in

The question is - Will a judge do anything about it?

A family court judge no, but a civil lawsuit judge has to pay attention to
details of a slander suite!
If you can prove damages, you can win a slander suit.

In my case, the slander caused my arrearage to escalate well beyond $10,000
when she stated I was making $1200/mth on a side job, when she knew full
well it was just a hobby that maybe pulled in $40/mth.

Here's my damages so far, charged with a felony as arrearage went over the
$10k limit in Michigan, False imprisonment for 35 days, job loss, and 5
months lost wages and not to mention all the emotional distress and other
personal damages.

Any lawyers out their want to take my case?

Maybe these liars would be more truthful if they were held accountable for
their false statements in Family court?

"Gothpiper" wrote in
ink.net:


"Bob Whiteside" wrote in

The question is - Will a judge do anything about it?

"Gothpiper" wrote in
ink.net:

Maybe these liars would be more truthful if they were held accountable
for their false statements in Family court?


I guess that is more my point. I am losing custody, access and paying more
support based on lies in the affidavit, yet I can do nothing about it when
in court; Judge: "Hmmm... this is interesting... okay... I beleive it".
Even when I argue against it.

And the judge did not even READ my affidavit which I spent a year putting
together with supporting material and documented facts. Very, very
frustrating...

Henry

"Henry" wrote in

I guess that is more my point. I am losing custody, access and paying more
support based on lies in the affidavit, yet I can do nothing about it when
in court;

You have the perfect slander case with written evidance and proof of
damages!!!!!

Don't waste time in a family court, get to a civil court where they "HAVE"
to concider all the evidence.

"Henry" wrote in message
7.142...
Here is an odd question... has anyone ever heard of someone suing or being
sued over a statement made in an affidavit. Since an affidavit is a 'sworn
statement of facts' can somone be sued if they lie? For example, what if
they said that a child was sexually abused in an affidavit (to gain
custody), but the allegations were false. Could ther parent sue the other
parent for a false allegation?

Just curious..

Henry

Yes you can sue. The real question if the party will gain anything from it.
Most attorneys won't help if there is nothing substantial to gain. Small
claims court is probably the best bet. It is more the principal than the
actual money, right?

Also - I believe if it can be proven that someone made a false statement [on
purpose] in an affidavit, then it should be considered a violation of the
law. Pursuing this legal battle is probably more of an uphill battle than
taking someone to small claims court.


Tracy
~~~~
http://www.hornschuch.net/tracy/

"Tracy" wrote in

Pursuing this legal battle is probably more of an uphill battle than
taking someone to small claims court.

Good advice!

The maximum claim in Small claims is $5000, but it's enough for people to
take notice

"Grace" wrote in message
ink.net...

"Tracy" wrote in

Pursuing this legal battle is probably more of an uphill battle than
taking someone to small claims court.

Good advice!

The maximum claim in Small claims is $5000, but it's enough for people to
take notice

You mean you were able to read my response amongst the mess in this group?
LOL I haven't seen this much activity here in a very long time.

Thanks,
Tracy
~~~~
http://www.hornschuch.net/tracy/