What is Perjury in Family Court
Perjury in family court is a serious matter and it goes well beyond just lying under oath, but that is a good definition of perjury (and the only relevant definition here). To be "perjured", the lie must be told while under oath. So, for example, lying while giving written interrogatory responses would not constitute perjury (though it might make you subject to a motion for sanctions). Interestingly, it is not enough to simply lie – if you are under oath and you do not know whether you are telling the truth or not, you cannot be committing perjury. For example, if you are under oath and have only a cursory recollection of the facts, as opposed to a rehearsal of the facts, and are simply confused relating what you know, you have not committed perjury.
The most common example of perjury in family court is lying about income. Even judges who will let a lot of things slide will not let one party attempt to sink the other financially by lying about income . Again, given the importance of truthfulness in discovery, there should be a penalty for lying in interrogatory responses.
There are many reasons why truthfulness is the touchstone of discovery, and even more reasons why criminal lying can already be punished in family court. Child custody is one reason. For example, if there are two relatively similar parties in terms of quality parenting, education, finances and stability, but one is clearly lying, it could cause the Court to view that person as more willing to act in bad faith and risk the safety of their child as part of a scheme to win custody. Thus, the truthfulness may sway the Court toward awarding custody to the party less likely to do something bad for a good result.
There is also the obvious reason: if people cannot believe what is being said in Court or in discovery, the system is going to be completely broken.
Consequences for Committing Perjury
If perjury has been committed in a family court proceeding, the perpetrator may be held in contempt of court or prosecuted for criminal perjury. Pursuant to OCGA § 19-9-3, either may occur. A simple contempt charge may result in a fine, costs and/or reasonable attorney’s fees being imposed against the party engaging in contemptuous conduct. A contempt charge against a party has no statute of limitation. See Marshall, Duke & Nichols, Inc. v. Isaac, 200 Ga. App. 474, 408 S.E.2d 817 (1991). Criminal perjury, however, is defined as "knowingly and willfully [making] a false material statement under oath or affirmation" and is a felony punishable by imprisonment or conviction. OCGA § 16-10-70. There is a two year statute of limitation for prosecution of criminal perjury. OCGA § 17-3-1 and 17-3-2. Further, the courts have held that if a party has committed criminal perjury, the party may also be guilty of defamation and abuse of process. Malice and ill will on the part of the alleged defamer may be inferred from the commission of the act itself. See Garrison v. Houghton, 181 Ga. App. 353, 352 S.E.2d 558 (1987). Further, it is an abuse of process and a tort for a party to use the fictions of perjured testimony and forged pleadings or affidavits to enter a fraudulently obtained judgment. See Fleeman v. Floyd, 212, Ga.App. 124, 441 S.E.2d 62 (1994).
Impact on Family Court Proceedings
In family court, perjury can have a significant impact on the outcome of a case. The court relies heavily on the testimony and evidence presented by the parties to make informed decisions regarding custody, child support, alimony, asset division, and other matters. When one party is found to have perjured themselves, it can substantially alter the course of the proceedings. For example, in a child custody dispute, if one parent is found to have lied on the stand regarding their employment or income, it can result in the court modifying its child support award. If parent A is found to be lying about their income, then parent B may be entitled to seek a downward modification of his or her support obligation. Likewise, parent A might see an upward adjustment in his or her child support payment if parent A lied about parent B’s income during his or her testimony. In the property division aspect of a divorce, a parent’s deceitful conduct can lead to an inequitable distribution of assets. If one spouse lies about the value of certain assets during the court proceeding, the other spouse may end up with less than they rightfully deserve. It is also important to note that, pursuant to New Jersey law, a court must take into consideration a spouse who emerges from the divorce with significantly greater assets than the other spouse. This is regardless of whether the affluent spouse committed perjury during the divorce. However, if one spouse commits perjury during a divorce and the court finds out about it, the court may award more assets to the victimized spouse as a result. Sadly, there are numerous other ramifications associated with perjury in family court. Such conduct can adversely affect a court’s custody determination. Family courts take all matters of perjury very seriously. For that reason, it is crucial that anyone facing charges of perjury in a divorce or domestic violence context immediately consult with an experienced attorney.
Family Court Perjury and Credibility
In as much as perjury is a crime, when the Court makes a finding that someone committed perjury, it can and will impact that party’s credibility going forward in the litigation. As an example, if your spouse testifies that she saw the other spouse driving their car on one weekend when the other spouse was really out of town, and that individual is caught lying about it, then that testimony is discredited and can be used as a basis not to believe anything that party says further in their testimony. Such a finding could lead the Court to rule against the perjurer if the perjured testimony is important to the legal argument the party that lied is making.
When requesting relief from the Court after being found to have committed perjury , the perjurer’s credibility might be used against them to deny their request. If your spouse is found to have committed perjury, is this going to hurt the credibility of the spouse if you ask the Court for something? In my opinion, yes. Courts generally take a more dim view for the believability of someone who has been found to have lied and is requesting relief. If a parent is found to have committed perjured during a child custody case, and that perjured statement was dispositive to the Court’s decision to grant visitation or parenting time, that parent will be less likely to get that time with the child after being found to have lied on the record.
Seeking to Prevent Perjury: Advice from Legal Counsel
As a general principle, an experienced divorce attorney prevents virtually all instances of perjury by disclosing to each client the criminal nature and ramifications of lying in court. Lawyers provide guidance to their clients on the dangers of lying, the importance of their court testimony, and how they can avoid having their testimony deemed not credible. Lawyers also either take steps during the litigation process to make it readily apparent when one of their clients has lied, or they prevent their own client from testifying dishonestly. They also explain to their clients the difference between lying and omitting information. Lawyers value their professional licenses very highly, and they convey to their clients the dangers of causing them to lose their law license. They also explain to their clients that lying in court may be a criminal offense and that they may go to jail. In addition, lawyers explain to their clients that a judge may not find that they were credible, and thus, their statements may not help their case. Clients may be uncertain as to what the court requires from them. Divorce lawyers assist their clients by making them aware of what the court is likely to require. Most importantly, lawyers tell their clients to be honest.
Responding to False Accusations of Perjury
If you are in a situation in which you have been falsely accused of committing perjury in family court, it is important to understand the nature of the charge you are facing and what steps you must take to clear your name. Unfortunate as it is, there are situations in which false allegations of perjury are made. A spiteful spouse might do it to try to get an advantage in a divorce proceeding. Someone trying to get out of an agreement might try it to get the court to throw out the original agreement and allow them to start over. A person who has lost custody of his or her children might accuse the other parent of perjury to attempt to get custody of the children again. Whatever the reason might be, it is an extremely serious matter that must be addressed.
If you are in a situation in which your character and reputation are on the line , you need to take immediate steps to clear your name. You should start the process by having a meeting with an attorney who has experience dealing with cases of alleged perjury in family court. When you have the meeting, you will need to bring copies of the documents that are related to the case currently. This is primarily the divorce, custody or child support decree that you’re dealing with, but you may need to bring other documentation as well.
The vast majority of the time, the easiest way to clear your name is to present a case to the judge that the allegations of perjury are without merit and that the contents of the current decree are in fact true. If you are successful in moving for the dismissal of the charges of perjury, you should be able to have those charges removed from your record.
