Back to court after judgement handed down


#1

There are a variety of rules of civil procedure that allow a court to reconsider it’s decision. See Rules 59 and 60 of the NC rules of civil procedure, for instance. Sorry.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

After over two years of court preceedings concerning ED and alimony, the court has handed down a judgement. It was my understanding that there is a 10 day window for either side to inform the court of any errors (not judgements) in the order. The 10 days passed with no contention.

Now, 4 weeks later, my attorney informed me there is a dispute over about $300 that my X says I owe. And… if I don’t pay the $300 they will file comtempt and go back and ask for ALL my X’s attorney fees be paid for the previous trials. My attorney and I are in agreement that I do not owe the $300 and we can prove it through documentation. This seems to border on extortion as described in NCGS Chapter 14-118-4. Your comments please.

More detail;
In the previous trial, my X ask the court for an award of all attorney fees to be paid by me. In the decision the court never addressed this issue, for or against.

Is it possible, after the court has ruled, to go back and re-try a case? I thought that was what the appeal process is for. Could you please clarify this?

Thank you