It is odd that the case from 2003 was not dispensed with for failure to prosecute. However, it does not really matter as long as the case is going now ?regardless of who has the lead case. It will not have a significant effect on anything. It may not be worth your time to have the former attorney make a declaration about the fact that you were not served in 2003. Your wife will likely say ?she made a mistake?. However, if your case goes to trial, the perjury declaration may become relevant. You need a transcript of your last hearing where she lied about service. I am assuming that the RFO is yours, you will be able to get support retroactive to the date of filing the RFO. As far as getting financial information from your wife, you must start discovery. She has a fiduciary duty to you to turn it over to you.
Answered on Jun 10th, 2014 at 7:01 PM