My wife recently remarried and we are going through a child support modification.
She lied about several things on the financial affidavit, saying she covers all the rent, utilities, insurance and groceries for her household even though her new husband also works.
Since this is a sworn statement, how can she claim to have all the expenses? What if her bank statements don’t support her claims?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
While knowingly swearing to anything false in an affidavit is always serious, the specific impact it may or may not have on your case will depend on the specific states laws pertaining to child support, your court rules, and procedures for holding a party in contempt.
These laws and rules vary greatly from state to state so I strongly encourage you to schedule an appointment with a local Cordell & Cordell attorney who can best address your specific situation. The rest of this answer should be considered a general overview based on my experience as a Georgia licensed attorney and based on Georgia law and procedure.
Georgia’s child support guidelines are designed to have the total child support obligation divided between the parties on a pro rata basis, by requiring a series of calculations to determine a presumptive amount of child support.
In short, Georgia combines the income of both parents, creates a total child support obligation (based on a table created by the Georgia Legislature to determine what the amount of money a family at that income would spend on children), and then that total amount is then divided between both parents depending how what percentage each contributes to that joint income.
Georgia then divides certain specific expenses listed in statute such as health insurance and daycare and well as some optional costs/deviation such as special visitation costs, ongoing extraordinary medical care, and private school tuition.
My point in explaining how the calculation works is to show that it does not consider a lot of the expenses listed on a normal financial affidavit such as mortgage payments, rent, utility payments, groceries, and so on. Therefore, even if she is lying in the affidavit, it will likely have little impact on the calculation of child support itself.
However, that fact that she is lying in a sworn affidavit goes to her credibility and a party’s credibility is always relevant. I suggest working with your attorney to secure bank statements, invoices, and other proof that she is not actually paying what she claims to pay. That can then be used during court to impeach her testimony, or rather her sworn statement.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Georgia divorce lawyer Adam Sutton, contact Cordell & Cordell.
3 comments on “Will Lying On An Affidavit Affect The Child Support Amount?”
My ex wife is taking me back to court to modify support. I received a paper to be filled out by my child care provider for my son with my current wife. My currant wife claims this child care expense on her taxes (we file separately). will using this expense effect my currant wife’s ability to claim said expense on her taxes? I live in Michigan…
Good evening! I would like to receive help in regards to my current situation of “child support and custody”, issues that I am having from my current ex wife . Legally we are in long beach courts (family) in regards to child support and divorce . I’m currently paying child support for two children one biological and one that my ex wife cheated on me and the child .! As of Sept 30, 2015 ; I’ve been paying for both children even though I have “emails and text messages”, that the child isn’t mines …! Plus I’ve been denied by my ex wife too see my children becuz of our non agreements on certain issues ….! I need help in rectifying this situation. Thank you Joseph F Rayfield III 562-313-5926
Sent from my iPhone 6
Please be aware that we are unable to offer any legal guidance based upon contact from the website as each person’s situation is unique. This does require you to set up an initial consultation with one of our attorneys so the facts can be properly reviewed and your situation discussed with respect to your legal rights and options going forward.
Your first step will be to call our scheduling department to request an initial consultation. There is a fee for the initial consultation that will be quoted upon calling to schedule; it will be either $100/flat or $175/pro-rated for up to an hour appointment depending on the office location. If you would like to set up a consultation, please contact the scheduling department at 1-866-323-7529. You may also reach us through our CordellCordell.com Online Chat Service. For a complete list of our offices please see here: http://www.CordellCordell.com/offices
CordellCordell.com also provides a page of articles on divorce and child custody that includes an overview of the processes and answers some frequently asked questions: http://www.CordellCordell.com/Resources
Also, I would like to direct you to our free resource websites, http://www.DadsDivorce.com and http://www.MensDivorce.com to see if any of the Ask a Lawyer posts, articles and videos might have any information that could be helpful to you.
If you are considering divorce or are currently in divorce proceedings, we would like to offer you our free Men’s Divorce Source mobile application to help guide you through the process. http://www.MensDivorceSource.com