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Is there something I can do if he lied in his legal paperwork
He filed a petition seeking a reduction in the child support... which he doesn't really pay anyway. I noticed in the paper work that he stated he is seeking a reduction because he was "laid off and after months obtained a lower paying job".
But he wasn't laid off. He voluntarily quit, took out his retirement and spent it all so he could goof off for 6+ months. Again all this while not paying child support.
I'm just wondering if the fact that he lied in writing when filing may provide a reason for him to fail in his endeavor. Or if there is something else that I can do to prove why a reduction isn't justified.
DD born 2007 & DS born 2008
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Re: Is there something I can do if he lied in his legal paperwork
I would ask a lawyer. You'll have to prove it, which means getting his employment records.
https://www.pacode.com/secure/data/231/chapter1910/s1910.16-2.html
This is the PA law about this. I've been told it's similar in many other states. PA bases it laws on the Federal Child Suport guidelines.
I've bolded the parts that you will find helpful.
(d) Reduced or Fluctuating Income.
(1) Voluntary Reduction of Income. When either party voluntarily assumes a lower paying job, quits a job, leaves employment, changes occupations or changes employment status to pursue an education, or is fired for cause, there generally will be no effect on the support obligation.
(2) Involuntary Reduction of, and Fluctuations in, Income. No adjustments in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial continuing involuntary decreases in income, including but not limited to the result of illness, lay-off, termination, job elimination or some other employment situation over which the party has no control unless the trier of fact finds that such a reduction in income was willfully undertaken in an attempt to avoid or reduce the support obligation.
(3) Seasonal Employees. Support orders for seasonal employees, such as construction workers, shall ordinarily be based upon a yearly average.
(4) Earning Capacity. If the trier of fact determines that a party to a support action has willfully failed to obtain or maintain appropriate employment, the trier of fact may impute to that party an income equal to the party?s earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. In order for an earning capacity to be assessed, the trier of fact must state the reasons for the assessment in writing or on the record. Generally, the trier of fact should not impute an earning capacity that is greater than the amount the party would earn from one full-time position. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours, working conditions and whether a party has exerted substantial good faith efforts to find employment.
My lawyer did this. He never claimed his contract pay on the financial side (which is an extra 3 grand a month).
yes, actually, he can't do that. and judges are unsympathetic to people who do this to intentionally screw you over. and my parents friend (former friend they cut off contact with him when they found out he tried to do this to his ex wife)- did this- and the judge threw the book at him and said "well, you did this on purpose, guess what buddy, the child support amount doesn't change"
dont worry, you'll get it figured out and def. talk to your lawyer.