Noncustodial Parent Misrepresentation

Summary

Brief Summary: The Respondent intentionally and knowingly misrepresented their employment in the pretrial memorandum and wage withholding notice, despite being aware of his shift to CardTronics USAs payroll, causing disruption in child support payments. His bank statement and 2023 W-2 form confirm his employment with CardTronics USA, Houston, Texas.

Full Conversation

Are you able to help me by role-playing so I can get my paragraph properly stated in my motion to compel the noncustodial parent and an upcoming pretrial
Hello Alisa, I'd be glad to help. Could you let me know which jurisdiction you're in? This will help me provide information that's most relevant to your situation.
Chicago Illinois cook county first district
Hello Alisa, it's a pleasure to assist you. To better guide you, could you please specify what type of information you're seeking from the noncustodial parent in your motion to compel?
So let’s pretend like I am the non-custodial parent who would be the respondent in this case and I had my attorney draft a six page pretrial memorandum she submitted to the court on November *, * that listed my employer as NCR corporation despite the fact that I was aware that NCR corporation has split into two separate entities Meaning one became ncr voyix and the other became ncr atleos I was also aware that I would be on a completely different payroll as ncr atleos Was using card Tronics USA as payroll that started on September *, * my attorney also sent a wage withholding notice to ncr Corporation headquartered in Atlanta Georgia when I knew it was supposed to be sent to car Tronics USA inc Houston Texas this led to the custodial parent not receiving any child support payments
I understand your concern. Here's a way to frame this in your motion to compel:
*. I, as the non-custodial parent, had my attorney draft a pretrial memorandum, which incorrectly listed my employer as NCR Corporation.
*. I was aware that NCR had split into two entities: NCR Voyix and NCR Atleos, and I was being paid by NCR Atleos via CardTronics USA.
*. Despite this knowledge, a wage withholding notice was mistakenly sent to NCR Corporation, leading to non-payment of child support.
Note: Always consult with a legal professional before submitting motions.
You’re not understanding I asked you if you’re able to role-play and I pretend to be the Respondent the noncustodial parent and the information I just gave you I did that intentionally and if you were the petitioner meaning the custodial parent how would you state this in your motion to compel my attendance
I understand your request now, Alisa. As the custodial parent, I would state:
The Respondent, knowingly submitted a pretrial memorandum listing their employer inaccurately. Aware of the split of NCR Corporation into NCR Voyix and NCR Atleos, they intentionally allowed a wage withholding notice to be sent to the incorrect entity, causing a failure in child support payments. I compel the Respondent's attendance to address these inaccuracies.
And is this considered as perjury in eight Chicago Illinois cook county first district child support case
In Illinois, providing false statements under oath can be considered perjury. However, proving perjury requires evidence that:
- The person knowingly provided false information.
- The information was given under oath.
- The false information was material to the proceedings.
Please consult a legal professional for advice.
Well his bank statement shows he was on card Tronics payroll as of September *, * that’s two months prior to the submission of the pre-trial memorandum to the court and To further approve this his attorney sent me a copy of his * W-* form clearly listing it from car Tronics USA Houston Texas
Thank you for the additional information, Alisa. Based on what you've provided, it seems you have evidence to support your claim. However, are there any specific questions you have regarding how to proceed in your case?
I want to know how to properly phrase this as my first reason in my motion to compel the noncustodial parents attendance in our upcoming pretrial
In your motion to compel, you could say: "The Respondent, knowingly provided false information under oath in the pretrial memorandum regarding their employer, which resulted in failure of child support payment. This is evidenced by bank statements and W-* form provided by Respondent's attorney. Hence, I compel the Respondent's presence in the pretrial to rectify these inaccuracies."
But I needed to be phrase and a short straight forward Way that doesn’t make the paragraph so long pointing out all of this The Respondent, knowingly submitted a pretrial memorandum listing their employer inaccurately. Aware of the split of NCR Corporation into NCR Voyix and NCR Atleos, they intentionally allowed a wage withholding notice to be sent to the incorrect entity, causing a failure in child support payments. knowingly provided false information under oath in the pretrial memorandum regarding their employer, which resulted in failure of child support payment. This is evidenced by bank statements and W-* form provided by Respondent's attorney.
You can phrase it as follows: "The Respondent knowingly misstated their employer on the pretrial memorandum, causing child support payment failure. Evidence includes Respondent's bank statements and W-* form."
That phrase does not point out anything
I understand your concern. How about this more specific phrasing: "The Respondent intentionally misrepresented their employer in the pretrial memorandum, causing child support nonpayment. Their bank statements and W-* form contradict their claim."
What I wanted to point out that he knew the splits into two different entities and that he would be on a completely different payroll and the wage withholding order should have been sent to car Tronics USA headquartered in Houston Texas
You can state: "The Respondent was aware of NCR's split into two entities and changed payroll to CardTronics USA, yet allowed the wage withholding order to be incorrectly sent to NCR, causing a failure in child support payments."
It should be more something like the respondent knowingly provided NCR corporation as his employer knowing NCR‘s split into two entities and he was on call Tronics USA payroll as of September *, * headquartered in Houston Texas where the notice for wage withholding purposes should have been sent to
You can phrase it like this: "The Respondent knowingly identified NCR Corporation as his employer in the pretrial memorandum, being aware of NCR's split and his payroll shift to CardTronics USA, Houston, Texas as of September *, *. This is where the wage withholding notice should have been sent."
You’re really not understanding me his employer and the pretrial memorandum sent to the court on November *, * listed his employer as NCR corporation where his attorney submitted a wage withholding notice to NCR corporation headquartered in Atlanta Georgia being well aware that it became two entirely separate entities and he would be on card Tronics USA payroll headquartered in Houston Texas as his bank statement sure he was on card Tronics USA payroll as of September *, * and also a copy of his * W-* form I received from his attorney on June *, * is from car Tronics USA located in Houston Texas
I see, Alisa. So, here's a suggested phrasing: "Despite being aware of NCR's split and his shift to CardTronics USA's payroll as of September *, *, the Respondent's pretrial memorandum and wage withholding notice wrongly listed NCR Corporation as his employer. His bank statement and * W-* form confirm his employment with CardTronics USA, Houston, Texas."
He did that knowingly and intentionally
You can phrase it as: "The Respondent intentionally and knowingly misrepresented his employment in the pretrial memorandum and wage withholding notice, despite being aware of his shift to CardTronics USA's payroll, causing disruption in child support payments."