Wednesday, June 18, 2014

Consequences of Intentionally Avoiding Support

Buena Park city council member, Sangjin Miller Oh, age 50, was convicted of five counts of perjury by declaration.   Between September 23, 2004 and July 20, 2009, Oh signed official DMV documents using fraudulent information on five separate occasions.  He did this to avoid paying child support to his ex-wife by hiding his assets under a false name.

    Apparently, Oh applied for a driver’s license under a different name, Robert Oh, and failed to disclose that he had previously applied for a license under a different name, as is required by law, he failed to disclose that his license had been suspended in the past, and on four other occasions, he used is fraudulently obtained license to register vehicles.   Oh is also a real estate developer.

    In California, parents have a duty to support their children.  If a judge finds that a parent has intentionally done something to change their income in an effort to reduce or avoid support, there are consequences.   The consequences include imputing income to that parent and calculating support based on what they were making, or should be making.  Additionally, once you have made false representations to a judge, it is difficult to try and regain credibility.  Depending on the circumstances, parties may also have a fiduciary duty to accurately disclose financial information to each other and to update such information if anything changes.  When signing paperwork under the penalty of perjury you are signing it under oath and it is essential that all such information you are signing to is correct.

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