Appeal


#1

My case has just closed and the order finally signed. In the order I was ordered to pay alimony, attorney fees, back alimony and child support the monthly payment to my ex adds up to over $1000 above my monthly income. My EX’s bestfriend is a CPA/financial advisor (he also did our joint taxes and financial plans while we were married) and the Judge allowed him to testify as a an expert witness as to how much I can afford per month. Although I provided the court copies of my tax returns, pay statements and copies of all my debt I am already obligated to pay, some how the court not only thought I could afford this order, but have more money leftover all the payments to my spouse, paying my obligations and child support.

My attorney, at first was telling me not to worry we can appeal this for so many other reasons. But now the order has been signed, my attorney is telling me my Ex’s attorney requested an Amendment hearing to request something else they forgot to request during the trial and the Judge has granted them the request in a couple of months.

It is my understanding that I only have 30 days to request an Appeal. If my attorney waits until after the Amendment hearing, won’t I be waiting past my time period to file for an Appeal? And can I have my attorney request this Order be ‘stayed’ until the appeal and if so is that request from the same Judge that has already signed this upside down order? I am afraid that if this order isn’t stayed, although I plan on sending every penny of my paycheck in an attempt to comply with the order, I’ll still be over $1000 short each month for a couple of months and my Ex’s attorney will have in a Contempt Hearing where the Judge will find me in contempt and saddle me with more attorney’s fees, putting me even further in the hole. I would say that since I don’t make that much money, the Judge would have to acknowledge that and not hold me in contempt, but this is the Judge that looked at all the evidence and came up with the order himself anyway. I don’t stand a chance.


#2

If the amendment hearing is going to change the full order and you are going to have a new order, then the new order is what you would want to appeal, not the current order. I would speak with an appellate attorney in your area to make sure you are filing your notice of appeal timely.