Can a voice recording of someone lying about child support payments be used in court? 27 Answers as of June 26, 2013

My friend is having troubles with her ex and he is lying and saying that he makes no money just so he can get child support payments out of her. She has a voice recording of him admitting to this and how much he does actually make each month. Would this be admissible in court?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
If he knew he was being recorded yes.
Answer Applies to: Washington
Replied: 8/24/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Did he leave the message on voice mail? If you recorded it without his knowledge then you cannot use it.
Answer Applies to: California
Replied: 8/22/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Depends - on how it was recorded, and then how/when it will be used in court.
Answer Applies to: Wisconsin
Replied: 8/20/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
If this case is in Alabama then she can use it in Court.
Answer Applies to: Alabama
Replied: 8/19/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
There are issues of the legality of such recordings. Without addressing those issues, if he knew that such a recording existed, he might come clean with support enforcement.
Answer Applies to: Connecticut
Replied: 8/19/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on the type of proceeding and whether the person submitting the recording can provide enough foundation for the exhibit to be accepted. "Foundation" means sufficient information for a court to determine that the recorded statement is reliable and accurate.
    Answer Applies to: Minnesota
    Replied: 8/18/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Depends on the type of recording.
    Answer Applies to: Connecticut
    Replied: 6/26/2013
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Unless he was aware that the telephone call was being recorded, you can not use it in court. However, the information can be used in order to investigate where he is working so that she can subpoena his employment and banking records.
    Answer Applies to: California
    Replied: 8/18/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    It is a crime to record a conversation without both parties agreement that the conversation be recorded. If he consented it can be used in court, but if it was not consented to then it cannot be used in court.
    Answer Applies to: California
    Replied: 8/18/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes as long as you were the only two people there when it was recorded.
    Answer Applies to: Utah
    Replied: 8/18/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Maybe depending on how and when it was made. She needs to review that with her lawyer. This is not a do it yourself project.
    Answer Applies to: Georgia
    Replied: 8/17/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes, it is hearsay but there is an exception which the audio tape you describe falls. Keep it safe, duplicate it and get a copy to the lawyer handling this ASAP.
    Answer Applies to: Texas
    Replied: 8/17/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If this recording was done without his consent, the person making the recording can be faced with criminal charges. The best way to prove income is by an expenses analysis. File a motion to review support and subpoena the ex's financial information including but not limited to bank statements, charge card statements, utility and phone bills. Also ask for any and all income info from W2's, 1099's and any and all other income
    Answer Applies to: California
    Replied: 8/17/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    See PC 602. Not unless you want to spend two years in the pen.
    Answer Applies to: California
    Replied: 8/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Possibly, but it shouldn't be necessary because until there is a court proceeding dealing with the details there isn't anything that needs to be proved. If there is no current court order for support, he will have to present evidence to justify any claim for child support from your friend. If he actually lies in court, it should be possible to prove by other, more reliable sources than a voice recording.
    Answer Applies to: Colorado
    Replied: 8/17/2011
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    The recording of the conversation without permission of all parties is a violation of the California Penal Code, and is not admissible in court. If she retains an attorney, they may be able to obtain this information legally.
    Answer Applies to: California
    Replied: 8/17/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Not unless it was left on a voicemail or she had his recorded permission to make the recording (which I'm sure she didn't from what you've stated). As a matter of fact, it is illegal to record a conversation with someone without their permission or knowledge.
    Answer Applies to: Florida
    Replied: 8/17/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Depending on what type of recording she has. If it was left in a voicemail, it can be used. If she obtained the recordings without permission, that would not be legal and could not be allowed in court.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    That would depend upon the circumstances. There are laws in the state of Washington about when it is legal to record someone and when it is not. There are also rules about when such things are admissible and when they are not. So, it would require a detailed knowledge of the particular situation to know whether it is admissible.
    Answer Applies to: Washington
    Replied: 8/17/2011
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