The Penalties For Lying Under Oath In Family Court

What is Perjury in Family Court

Lying Under Oath: The Perils of Perjury in a Family Court Setting
In the context of a family law case, the most common situation in which an individual may commit perjury is in his or her affidavit of net worth or during the course of a deposition. A perjury charge does not require a statement to have been made under the penalty of perjury; rather, it is sufficient that a false statement be made knowingly and intentionally. Accordingly, even if you are not warned that a false statement could lead to perjurious or criminal prosecution, you can still be held accountable for the statement if it is made willfully and with intent to deceive. When you sign your affidavit of net worth, you are signing a sworn statement that the information contained in the affidavit is true. Your signature means that you are certifying that you understand the consequences and various penalties for false statements – namely, that you willfully lied and were fully aware of the fact . Similarly, client’s depositions are sworn testimony given under oath. Essentially, the believability of your testimony is what matters and whether it is truthful is up to the trier of fact (or judge) who will weigh the credibility of the testifying witness. Exceptions to this are when the under oath testimony is in fact false. This constitutes perjury. You can be found to have engaged in perjury if you give untruthful testimony which you know to be untrue and you do so with the intention of misleading the court. Even in the case where the court, the attorneys and the parties are aware of the false testimony which is being given, if you listen to the testimony knowing it to be untrue and fail to correct this false testimony you can be found liable for perjury. This is known as "Failure to Correct or Disavow" testimony.

The Legal Ramifications of Lying Under Oath

Lying under oath in a family law court is a serious matter with significant legal ramifications. These consequences can lead to an individual facing penalties that can affect their future for years to come. The practice of lying in court is known as perjury. As you might expect, it’s not a good thing.
The first and most immediate consequence of this practice is being charged with perjury. This can happen if you are a defendant in a family law action, meaning you’re filing for divorce or separation and lying in your application. The Attorney General of Ontario can prosecute you. Perjury can also be prosecuted by the Crown if you make a false statement on an affidavit or if you give false evidence at a court appearance. If a family law judge finds you to be lying under oath, you may have a number of consequences imposed on you.
You can face fines and jail time. For example, the perjurer can be charged with contempt of court by the family law judge (the judge who you lied to). The judge can impose a fine, order you to pay court costs, order you to pay the other side’s legal fees, suspend your access to your children, or even impose a sentence of imprisonment. The judge has broad discretion to punish a parent who lies in his or her affidavits and evidence. It is not unusual for mothers who lie in their affidavits about domestic violence to have their access to their children suspended or diminished. Penalties for fathers are far less severe; jail sentences are relatively uncommon.

The Effect of Lying Under Oath in Family Court

Lying under oath can have a far-reaching impact in family court decisions. If the judge believes you are dishonest in one area, he or she may find it difficult to trust you in another area. This plays out particularly when it comes to custody determinations and division of assets and debts. When it comes to spousal support, however, the issue may be even more serious. Due to recent tax law changes, the way the court determines alimony (spousal support) has changed as well. Prior to 2019, federal tax code allowed the spouses to agree to have spousal support payments tax deductible for the spouse paying them, and taxable for the spouse receiving. For most clients this was beneficial due to a significant difference between the two spouse’s incomes. The spouse paying spousal support was usually in a higher tax bracket, so he or she benefitted from paying support that was tax deductible, and the receiving spouse benefitted from paying taxes on income in the lower tax bracket. Post 2019, this is no longer the case. The federal tax law no longer allows spousal support to be tax deductible for the payor spouse and does not require the recipient to declare the spousal support income on his or her tax return. Therefore, spousal support agreements post 2019 will likely be reached by factoring in which spouse has the higher income, and without concern of IRS reporting requirements. The court will likely base it’s decision on spousal support on the standard of living during the marriage, length of the marriage, spouses’ ages, educations, health, and ability to work, but generally disregarding tax considerations. This means it is that much more important for the court to consider your true income. If you cheated the IRS but not the court, it could significantly increased your income stated to the court. That means that while the court is basing its support award on the standard of living during the marriage, it is basing it on an inflated income to say the least. Lying makes it difficult for the court to give you the benefit of the doubt. Examples: Custody decisions are generally made based on the best interest of the child. When a party lies about income, the other party is caught in a fallen path of discovery. Once the judge knows that you are not trustworthy, and that you are purposeful in your dishonesty with income, you become less credible all around. If the judge cannot be certain that you are telling the truth on your income and assets, how does the judge know that you are telling the truth about how you parent your children? You may see a significant difference in your income reported on the IRS form versus what you report to the court. It is important to remember that the IRS has access to all of the basic information that you report. Your bank accounts, mortgages, investment accounts, credit cards, and cars all have credit reporting. Your employer reports your pay to the state. If you have any business ventures, those records are filed with the Commonwealth of Pennsylvania as well. Therefore, while lying on a tax return may indeed decrease your reported income, the court will know pretty quickly the extent of the lie. Generally the court and judge are not as forgiving if they think you have been dishonest under oath.

How To Spot Lies in Family Court Proceedings

There are several tools available to detect false statements in family court. Cross-examinations, presentation of physical evidence and use of expert witnesses can reveal the truth about statements made within the court proceedings.
Cross-Examinations
A cross-examination is the formal questioning of a witness in court. The purpose of a cross-examination is to obtain the truth by asking leading questions designed to elicit specific responses from the witness. A cross-examination requires skill and experience on the part of the attorney. Experienced attorneys use these sessions as a way of detecting lies of opposing witnesses when they catch them out with minor discrepancies. This can then be used to highlight larger discrepancies and lies. A skilled attorney can drive the narrative of the case toward one that is favourable to their client.
Presentation of Physical Evidence
Another tool that is helpful in revealing the truth is the presentation of physical evidence. In family court proceedings, the most helpful type of physical evidence is documents. These documents can include any form of financial records that contradict the testimony of a witness . Documenting frivolous spending or losses suffered by a business in spite of testimony arguing otherwise can prove the truth of the matter. Statements of income or bank statements that show money was available for a certain purchase can also be helpful. If the other party has anything to hide, they will often lie to a court to cover it up. However, what a skilled lawyer is looking for is circumstantial evidence that, when pieced together, tells the complete story.
Role of Experts
In some cases, witnesses are unable to determine the truth of a given situation, even after questioning. In these cases, the testimony of an expert can be helpful. A family law expert can review the evidence in support of the case to determine whether the statements given are likely to be true or not. Because they are experts, they are able to do this in a way that is not biased, based solely on the information and documentation given in the court proceedings. The goal of the family law attorney is to prove beyond any reasonable doubt that there is malpractice or foul play involved in the case. They can then use the above methods – or possibly others – to demonstrate the discrepancy of information and show the truth of the matter.

How To Guard Yourself Against False Allegations and Accusations

Falsely accusing someone of perjury is a serious matter and may lead to legal action against the person making the accusation. If you have been falsely accused of lying under oath during a Maryland family court hearing, it is important to investigate the accusations. When you are prepared to answer the accusations with facts, you have the opportunity to clear your name and protect your legal rights to custody and visitation.
When allegations of lying under oath are made in court, an investigation into the facts should be performed. This includes gathering evidence from witnesses, obtaining transcripts of the trial, preparing affidavits or statements from relatives and others who can attest to the truth of the evidence presented. The attorney you hire to work with you on the case will assist you in verifying the facts and preparing the defense.
Consulting with a family law attorney is essential and should be one of your first considerations before preparing to defend yourself. Your attorney can investigate the allegations against you and prepare the facts that prove the other party fabricated the information. Having an attorney with a strong history of courtroom experience is important, as convincing the judge is one of the key goals in protecting your rights.
With the support of your attorney, you can gather comprehensive information that contradicts the information presented during the hearing. Inaccuracies and misstatements will be exposed, allowing you to present the judge with the proof needed to clear your name and ensure you protect your legal rights.

What Are the Ethical and Moral Ramifications

The implications of lying under oath in the family court system extend far beyond the bottom line. Lying under oath will certainly undermine the credibility of the individual, but what is the wider effect on families? The moral implications of lying in court are severe and may act as a catalyst in regards to the breakdown of any relationship. The ethical considerations at the heart of a well-functioning justice system dictate that court orders and documents must be credible and honest. Without these key features, no justice can occur . The ethical implications of lying under oath in the family courts must be taken into account when accusations of perjury are made, and they should be addressed accordingly. Whether or not perjury – lying under oath – has occurred must be laid bare. The very foundations of our justice system are built on the premise that all actions, particularly given under oath in court, are truthful. To act dishonestly under oath perverts justice, and we no longer have confidence in the very system by which we are governed if we agree to turn a blind eye when deception is alleged.