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  1. #1
    ebeing is offline Junior Member
    Join Date
    Jan 2011
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    3

    Default correcting statements made under oath

    We had a need and ability hearing.
    I didn't have a financial affidavit with me but opposing council had one from a few months back.
    The judgeicon asked me if it was up to date and I said yes without reviewing the doc completely.

    It turns out, the fa was not up to date after reviewing a filed copy I had at home.

    How can I cover my butt in a situation like this?

    I have considered drafting a letter to the judge and attaching a up to date fa.

    What do you suggest?

  2. #2
    Attorney Dawn Jackson's Avatar
    Attorney Dawn Jackson is offline Super Moderator
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    Dec 2010
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    I work in the Tampa Bay area
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    Default

    You have a continuing duty to keep your financials up to date, so in a situation like this, you will need to file an “amended” financial affidavit with your current correct info. You need to file the original with the Clerk of Court and send a copy to the other party or their attorney. You cannot just send one to the judgeicon.

  3. #3
    ebeing is offline Junior Member
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    Jan 2011
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    Default

    Thank you,

    How do I avoid perjuring myself in the process?

    Do I need to explain the mistake to the judgeicon or opposing council with the submission of a amended FA or simply wait for a hearing to do that?

  4. #4
    Attorney Cheri Hobbs's Avatar
    Attorney Cheri Hobbs is offline Super Moderator
    Join Date
    Oct 2009
    Location
    The Orlando office covers cases in the Central Florida area.
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    Default

    Whenever your financial situation changes it is your duty to amend the financial affidavit and put Amended on the top. You can file an amended copy (original with the court) and send a copy to the other side. You should be fine but again, we attorneys were not present at your hearing and cannot advise you on that particular hearing.

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