Question: My former husband and I were divorced six years ago. We have two children, now ages eight and 12. At the time we divorced, he was just finishing technical school in computers and had little income, and I was teaching school. He was ordered to pay $200 per month for both children.

I am still a teacher and have had some increases in income, but he now runs his own computer consulting company, has remarried, has a two year old child, and has moved into a nice home. I tried to talk to him about paying more money for support, but he refused. I hired a lawyer to take me to court to try to get more money.

Because my ex was dishonest about his income and expenses, the judge increased the support to only $300 per month for both children. For example, my ex said under oath that his father had loaned him $20,000 to make the down payment on his home and that he had to pay back the money.

I went to his father after the hearing, and he wrote a letter saying that my husband was lying. My ex then went to his father and tried to get him to retract his letter and lie for him. I took the letter to my lawyer who, after going back to judge, told me that the family court would not change the order and that nothing could be done about what I consider to be perjury – even though my former father in law was willing to testify.

I always thought it is a crime to lie under oath. Has the fact that some public officials and heads of large companies have gotten away with lying changed the definition of perjury? Why is it not perjury in the family court if it is perjury everywhere else? Why should my children be penalized by a court system that turns its back on them to protect a liar?

Answer: Perjury is a crime which is committed when a person gives false, misleading, or incomplete testimony under oath in a court proceeding. When your ex-husband tried to get his father to commit perjury, he also committed the crime of “subornation of perjury.” Both of these crimes are punishable by fine or imprisonment. In addition, by lying under oath before a judge, your husband has committed a flagrant and direct contempt of the court.

Assuming the facts are as you report them, why the court did not punish your former husband is beyond rational comprehension. Although some public officials and officers of large corporations may have gotten away with lying under oath, lying is lying, and there should be no separate standard applied to politicians -- or to those who falsely testify in family courts -- which immunizes the untruthful from punishment.

We suggest that your lawyer make a formal motion for contempt, and that your former father in law be brought into court to testify. Your lawyer also should seek a referral by the family court judge to the county prosecutor because judges have the responsibility to protect the integrity of the courts. If the judge again ignores you, we suggest that you take your complaint directly to your county or circuit prosecutor and seek redress there. Only by making examples of those who cheat their families in the courts will this foolishness stop.

SoloFact: While Qualified Domestic Relations Orders (QDRO’s) are necessary to transfer 401k’s and other qualified retirement plans from one spouse to another, different rules apply to Individual Retirement Accounts (IRA’s). IRA’s are can be moved from one spouse to another in a marital proceeding if the Court issues an order requiring what are known as “trustee to trustee” transfers.