Can a person (male or female) actually lie to the court, have it proven that they are lying and win?

What kind of attorney would willingly represent a liar, present the lies to the court and live with themselves?

Can you say more about this? Why are you asking - did this happen to you? It's hard to know how to answer your questions (assuming I had the answers to begin with!)

I mean flat out lie. My STBXH 2 weeks ago had his attorney present a motion to the court for the judge to order me to get a job because according to my H, i've been unemployed for several months. The truth is I have been with my current company for 9 1/2 years, never laid off, not out of work now. I was off for 6 weeks in feb/mar due to surgery, but I was on medical leave and paid at 100%. Where he came up with this is beyond me. His attorney actually presented this to the court. His attorney never checked with my attorney to verify my employment. My attorney had a statement of employment and the latest pay stub from my employer. Needless to say my H did not win that round. However, I am now concerned that since he has done this, and obviously has no problem conjuring up stories and that he also has a willing attorney.....what more lies can he come up with and do i have to worry that eventually the court will believe him, or has my H already established himself to be a liar in the eyes of the court after this employment thing?

If you had the attorney I had, you'd be in good shape because he'd take both your H and his incompetent attorney to the cleaners! I would suggest this - prod your attorney into presenting this deception to the court and then use it to discredit the rest of the lies. This time it is something you can easily prove and it will be obvious your H is deliberately lying.

I think a lot of it depends on the court system and judge/magistrate. The impression I got from my own experience is that "the court" expects everybody to lie and could not care less about truth or justice. The court doesn't want to be bothered with the facts; it just wants you off the docket.

My ex-wife's lawyer was an egregious liar who played over-the-top games with the truth which he can't possibly have expected anyone to believe. I think his strategy was just to wear down the court so they would just make an arbitrary ruling (which he could then appeal if it wasn't to his liking) or to wear me down so that I would settle for something absurd.

As it turns out, his strategy worked. After several rounds of paying to watch the court permitting itself to be jerked around by this guy's shenanigans, I ended up agreeing to a settlement which cost me far more than the court would have awarded if they had actually heard the facts and applied their stated rules. I agreed to it because my ex-wife (who I'm guessing was pretty worn down herself by that time) finally lowered her demands to something I thought I might have a chance of actually paying, and because it was clear that if I didn't settle, the lesser amount of spousal support would not make up for the additional legal fees I would incur.

Ironically, I don't believe my ex-wife ended up with anything more than she would have gotten if she had simply settled at the outset for what the courts would probably have awarded her. After all, she piled up a hefty set of legal fees herself. And I imagine that that was the point, as far as her lawyer was concerned: he's in that business to make money. (Well, that and to exercise the power to verbally abuse people in situations where they can neither run or fight back.)

If you think about it, the rules in a courtroom are actually designed to prevent the truth from coming out. I doubt that an attorney with a conscience tends to last very long.

Something my atty did when it was all over with, was file charges against my ex-h's atty with the law Board for un-ethical behaviors.

And as she apparently had three different cases going the same direction with the same atty, she filed charges on each and every case to have his license pulled to practice law in the State.

So that may be something you could ask your atty, if they could or would be willing to press charges with the Law Association.

And if they don't you could file a complaint yourself.

In this instance, I would imagine your H's atty took his word that you weren't working. When you presented proof to the contrary, his atty realized his client isn't playing with a truthful deck.

If he's any kind of ethical atty, he will eventually file a motion to withdraw as counsel, or certainly make his client back up everything with proof. Attys do not like to be played as fools in a courtroom, especially by their own client.

O yes, it's quite easy, really. Just ask my now EX Wife. It all depends on what the presiding Judge wants to do about it..
Really.
TDLOM

[color:"blue"] Expect that he might lie, have evidence of his lying, discredit him in court.

And yes the court will probably assume that anything verbal is probably a lie or an exaggeration. That is why I have urged you to get paper evidence.

The only other way to ease your anxiety is to learn as much as you can of the law and anticipate where his next attack will center while preparing to counter.

Worrying about it will only stress you out and make you less able to handle this for the long haul. You have to manage your reserve for the big game, not waste resources in the short game. <img src="/ubbt/images/graemlins/smile.gif" alt="" />

V. [/color]

One caveat here: don't make the mistake of thinking that reading the law is going to be of any real use to your understanding. The plain sense of the law as written has very little to do with the law as actually practiced. Only a lawyer familiar with your particular jurisdiction can tell you what the legal realities are.