I can provide evidence of his employment can i still file a motion for a hearing if the perjury was 5/02-8/08?

Question

I had a hearing for child support the dad was working two jobs and but only gave information for one job and at the same time he and his new wife was having a baby he

requested a hardship with the courts. Due to only giving info

on one job the child support order was $971.00 after requesting for hardship from the courts his new order was

changed to $743.00

Answer 1

Your question is reproduced below to preserve the original fact pattern to which this answer applies:

"I can provide evidence of his employment can i still file a motion for a hearing if the perjury was 5/02-8/08?  I had a hearing for child support the dad was working two jobs and but only gave information for one job and at the same time he and his new wife was having a baby he requested a hardship with the courts. Due to only giving info on one job the child support order was $971.00 after requesting for hardship from the courts his new order was changed to $743.00"

There is no quick answer to your question.

The laws on civil procedure vary from state to state, so it's difficult to answer your question specifically.  But since the family court procedures in most U.S. courts are very similar here's some basic guidance.

You generally have about 30 days to have a judgement RECONSIDERED (via a "Motion to Reconsider" along with an affidavit and exhibits showing the evidence) if new information that couldn't be known at the time of the original judgment becomes available.

If the judgment was procurred through fraud, then you generally have about two years (from the date it's discovered or reasonably should have been discovered) to have the decision revisited on that basis.  (Maybe still called a Motion to Reconsider only this time pursuant to the civil procedure statute on judgment procured by fraud-- and again with an affidavit and the evidence as exhibits.)  

It's likely that your ex's misrepresentation to the court of his income constitutes fraud that would allow your case to be reheard and allow a retroactive judgment to be entered against your ex.  

However, you may run into a problem where the information was readily available (not concealed) and you or your attorney simply didn't attempt to bring the information to the attention of the judge.

You'll either need an attorney or the assistance of your local child support enforcement division.  Or you can try to represent yourself.  Hiring an attorney can be so expensive that you pay more than you get in child support.  Representing yourself is usually-- though not always-- a bad idea because you won't know the law and won't know exactly what to do or who to ask for help in doing it.  I'd try going with the child support enforcement division first.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]