Appeal?


#1

I had my support hearing two weeks ago, and the main point of contention was which support worksheet we would use. Due to holidays and spring break, the number of overnights varies from around 118 to 130 per year. I prepared three years of records for the hearing, and was requesting that we average worksheet A and B (the difference is around $450). Immediately, the judge ruled out any possibility to averaging worksheets. It’s A or B… no other options. Then, she declared that all information prior to the filing date of my motion was inadmissible. So, all I had to show was one year in which the number of overnights was 120. I couldn’t even show accurate information for the next year, because the 2011-2012 CMS school calendar hasn’t been released. I’m Pro Se, and I was completely thrown off by the judge’s decisions. If I had filed my motion in July instead of August, worksheet B would have applied. How can a judge make a ruling based on one year of data, if there are years of contrary data? Is an appeal an option, and is it even worth pursuing in your opinion?
I hate sounding like some cheapskate dad, but I’ve been paying a lot more than I should have for years and finally decided to request a financial reevaluation after my youngest daughter started kindergarten. I cover all of their expenses when they are in my care, and I also pay about half of any other expenses like birthday parties, soccer and gymnastics. I hardly have enough to cover my bills each month, yet my ex is putting away about $1300 each month. I guess it just bothers me that the legal system is so heavily geared to help mothers with child support that dads who might be overpaying could end up living under a bridge and no one cared.


#2

The judge’s ruling that all evidence prior to the date of filing was proper, as a modification only looks forward. I am surprised that she would not consider averaging the worksheets by looking forward in time at the custodial schedule.

An appeal is a lengthy process, and if you decided to undertake an appeal, I suggest you hire an attorney.