HOW TO APPEAL SPOUSAL SUPPORT
Only a qualified lawyer can tell you if you can appeal
Spousal Support/Alimony Appeal Lawyers
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Once a judge makes a decision for spousal support/alimony, one or the other party may feel the need to make changes. Changing, or amending the order requires that there be some change in circumstances. Don’t confuse amending with appealing spousal support/alimony orders.
If there is no change in circumstances, you may be able to appeal based on the existing information or on the basis of law. You cannot introduce new information in an appeal. Only a qualified lawyer can tell you if you can appeal.
How long do you have to make an appeal?
You should receive a “Notice of Entry” of judgment from the court, or at least a stamped copy of the judgment that shows when it was mailed. The same is true if you are served with these papers instead of having them mailed to you: there will be a proof of service to show you received your papers. 60 days after you receive, or are served, these papers is the accepted time frame to appeal. It can also be appealed 180 days after the date of entry of the judgment. Your lawyer can help determine if you can file an appeal based on the time frame.
What types of spousal support/alimony can be appealed?
Temporary and permanent alimony orders can be appealed as long as the appellate guidelines are followed. You cannot just decide you don’t like the court’s order to pay support – there must be compelling legal grounds among the information provided, or in the law regarding the final order for an appeal to be granted.
Who can appeal?
Either party in a divorce case where alimony/spousal support has been ordered can appeal. The court bases their decision for support primarily based on two main factors:
- The ability to pay and
- The applicant’s need for income.
Each case is different and will therefore be handled accordingly. Additionally, other factors will be considered – appellate law is designed so that a party cannot file an appeal because they simply disagree with the order.
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If you feel aggrieved by the court’s decision in a spousal support order, you may be able to appeal it, but it may not always be the best option. That is why you need the services of a qualified attorney to help you understand your options.
Holstrom, Block & Parke, A Professional Law Corporation have experienced attorneys who can help you with your spousal support appeal. A free phone consultation means you have nothing to lose by taking the first step.
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