Did he think he would get away with this???

Posted by: tsl

Did he think he would get away with this??? - 03/03/07 02:08 AM

Ok, a recap...x is in excess of 11k in arrears. When we finally located him and filed contempt in spring 2006 he was unemployed and given a month to find a job. Next hearing he shows up and says he is not working b/c doctor for worker's comp told him not to as it would hurt his claim (injured in 2004 and had worked at various jobs in the year and a half since). After Judge and my attorney went through his doctor slips he was restricted to not lifting over 20 pounds with that arm/hand. Judge ordered him to look for job and fill out Court form from each place he went to find employment and if he didn't have anything he would go to jail as there is always a job somewhere...low and behold he has a job before next hearing. He was told to pay support on time and that he was to keep my attorney and courts informed of status on WC claim. He also was questioned and asked if he received any monies from the claim via settlement or insurance...nope he said. Judge would set status hearings on WC each month. Each time he would be questioned and reply that he was not receiving any monies from the WC claim nor did he know when to expect any.

Well, well...today I have the forms from his WC attorney about a settlement check amount (letter stated check enclosed) from January 2007...which was agreed upon back beginning of November 2006 (in court 3 times between those dates and 1 more in February to which he stated, under oath, he did NOT receive anything and had no knowledge of when he would get anything).

To top that off, we also received copies of his WC insurance checks! Back in November 2006 and Dec.

So now my attorney (who received these letters) is out and I have yet to talk to him to find out what can happen.

He comitted perjury right? And would it be like 4 times, since we were in Court on 4 seperate occasions when he knew but LIED? So, now instead of the arrearage coming back to us (he did settle for a tiny amount but it would have helped as I was looking for it to pay for the tutor for our son (which X is to reimburse me half and hasn't) and to send son to basketball camp this summer (he is to pay 40% of the costs of extracurricular). Which, we'll still get done but it would have been nice to have. (BTW, I send him statements and letters requesting payments but don't get them...can't get blood out of a turnip...that's why the Courts were so heavily on the WC claim...our child isn't the only he has arrears on)

I looked up that perjury is a class D felony if he is found guilty. Does anyone know if it is different in a civil matter?

Not to mention contempt for not turning over that check. Also, contempt for failure to pay support those weeks he received insurance check. He is far enough that I am to decided whether to pursue something like Felony non-support of a dependant.

And why does he think he will get away with this? The Judge has warned him time and again about notifying the Court and even my attorney about the WC situation and also told him he is to pay any monies he receives towards support and arrears and if he failed to do so he will be in jail for a long time, or until he gets family to come up with the 11k to get him out. So, he knew what he was up against! He did this to himself and again he did something that will have him going away from our son (after a 4 year absence this past 5 years...) he'll run, I'm sure. He'll run so he won't have to go to jail again.

Why do that?
Posted by: almostheaven

Re: Did he think he would get away with this??? - 03/03/07 02:25 PM

Unless the judge presses on the perjury, you're unlikely to get any charges against him on it. Perjury is just something they hardly ever go after, unless you're a celebrity or a Clinton. He would most likely hit him up with contempt in various forms though.
Posted by: tsl

Re: Did he think he would get away with this??? - 03/04/07 02:03 PM

You may be correct and only time will tell. I know that the judge will not be happy and has warned my X numerous times concerning what ifs. If anything, like you mentioned, he will hit him up for contempt in various forms and most likely will not be light on him any longer.