If myex-husband is trying to modify custody and stop his child support payments, what should I do if he is lying on his financial affidavit?

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If myex-husband is trying to modify custody and stop his child support payments, what should I do if he is lying on his financial affidavit?

Not only did he lie on the current affidavit, but I have just realized that he is lying on this one too. Due to some serious health problems, which have caused severe financial problems, I have been out of work for 2 years and am waiting on getting disability. l have been so sick I never filed a motion for an increase. I thought I was doing the right thing to make her stay with him for awhile until  I get back on my feet. I bring in only $800 month; his is over $7,000. Now he is wants child support and custody. Can I get him for lying on the old affidavit? And now the current one?

Asked on July 5, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  Yes, one would have thought that you were indeed doing the right thing and fostering your daughter's relationship with her Father.  But obviously he intends on being dishonest and deceitful.  Your financial situation may indeed qualify you for help from legal aid and you should go and see if you can get an attorney top represent you.  Also try your local bar association and try any law schools nearby that may have legal clinics in family law.  If you have proof that he lied on the affidavits that puts you in a much better position that he.  Courts do not like those that perjure themselves.  And ask for an increase in support.  You did not say how old your daughter is but if she is old enough then the courts will speak with her and ask her opinion on the matter as well.  Get help.  Good luck.   


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