My question involves a child custody case from the State of: Colorado
In my separation agreement with my ex, he agreed to pay me back for a couple things by a certain date. He did not and I filed contempt charges. At the hearing he said that checks/money orders he had sent me were to cover these debts and that the debts had been satisfied so the contempt charges are moot. Based upon this sworn testimony, he was able to avoid the contempt charges. I provided no contradictory testimony on this matter- as he lied and said they weren't child support, I had a mouth agape reaction the judge noticed and after his testimony asked the judge if I could respond to this claim and she said that she knew what I was going to say and for expeditiousness, moved forward without letting me provide testimony that would have contradicted his claim.
Problem is is that those money orders/checks were actually meant as child support. They were sent directly to me and not through the support registry. There was never a memo on them to say what they were for so it could have been for support, the court ordered debt repayment, or other unpaid debts he has to me that are outside of Court orders. Now that he has avoided contempt by testifying and saying those payments were to satisfy his separation agreement debts, can I claim that he owes back child support for the time that he was sending these payments that got him out of the contempt charges?
I have a transcript of her ruling from a later date where she says that he provided testimony that these payments were not meant as child support but don't have the transcript of his testimony. If this goes to court, is the transcript of the judge enough to prevent him from saying 'Whatever do you mean? I never said that and those payments were obviously child support.' If he testifies that those payments were actually child support in a future court appearance, is this perjury and how would that play out?
In my separation agreement with my ex, he agreed to pay me back for a couple things by a certain date. He did not and I filed contempt charges. At the hearing he said that checks/money orders he had sent me were to cover these debts and that the debts had been satisfied so the contempt charges are moot. Based upon this sworn testimony, he was able to avoid the contempt charges. I provided no contradictory testimony on this matter- as he lied and said they weren't child support, I had a mouth agape reaction the judge noticed and after his testimony asked the judge if I could respond to this claim and she said that she knew what I was going to say and for expeditiousness, moved forward without letting me provide testimony that would have contradicted his claim.
Problem is is that those money orders/checks were actually meant as child support. They were sent directly to me and not through the support registry. There was never a memo on them to say what they were for so it could have been for support, the court ordered debt repayment, or other unpaid debts he has to me that are outside of Court orders. Now that he has avoided contempt by testifying and saying those payments were to satisfy his separation agreement debts, can I claim that he owes back child support for the time that he was sending these payments that got him out of the contempt charges?
I have a transcript of her ruling from a later date where she says that he provided testimony that these payments were not meant as child support but don't have the transcript of his testimony. If this goes to court, is the transcript of the judge enough to prevent him from saying 'Whatever do you mean? I never said that and those payments were obviously child support.' If he testifies that those payments were actually child support in a future court appearance, is this perjury and how would that play out?
Collection and Enforcement: Ex Lied to Avoid Contempt, Now What
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