You can appeal a court’s decision on a child support ruling if you believe a lack of sufficient evidence or prejudice played a role in the ruling. Unfortunately, you may not have much luck appealing a decision on other grounds (i.e., if you were merely unhappy with the outcome). Your divorce attorney can use the facts of your child support case to help you determine whether an appeal makes sense.
How to Appeal a Child Support Ruling
The appellate courts handle all appeals, including those for child support rulings. Appeals take time and money to properly complete, and their results may drastically change a child’s life. However, the appeals process can provide an opportunity to set the record straight.
Appellate courts do not provide a forum for a new case. They simply review the evidence to determine whether someone made a mistake in the prior ruling. You may need to file a notice of appeal within 60 days of the initial ruling and then adhere to additional deadlines throughout the process. Once you have filed a notice, you may need to submit transcripts of all family court hearings and a written explanation of your appeal and schedule a time for oral arguments.
A decision will be made once the court has reviewed the materials. If the court agrees that a mistake was made, it may modify child support requirements. Timing matters in appeals cases. The process may take up to a year to complete, although you may request an expedited process in certain cases.
A Motion for Reconsideration
An appeal may not work well when new evidence surfaces. Your attorney may recommend filing what’s known as a motion for reconsideration. If the evidence affects a parent’s ability or need to pay a certain amount, the court may readdress the facts of the case and modify the initial child support ruling. Your attorney will only recommend a motion for reconsideration if he or she believes you have a compelling reason to challenge the arrangement.
Finding an Attorney to Appeal a Child Support Ruling
Child support appeals are complex because children are involved and jurisdictional procedures may vary slightly. The right attorney can help you create a compelling appeals case, which may improve your court-recorded reputation and your child support or custody situation. You will need to file specific documents in a timely manner to successfully file an appeal. If you need help with child support or custody appeals, call our Pasadena office at 626.768.2945 for more information or to schedule a free and confidential consultation.