No witnesses will be presented and no new evidence will be considered. Once the appellate court has the Record on Appeal, the Appellate Brief, and has taken any oral argument that it desires, it will make a ruling. The time varies from state to state, but thirty to sixty days after the court has a complete record is typical for a decision to be reached.
The appellate decision most likely will uphold the trial court's decision.
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However, if they don't do so, the case will be sent back to the trial court to either modify the decision or to conduct a new trial. The appeals process is expensive and may not provide the results you are seeking. However, a modification is far less expensive and is the best way to change certain aspects of the divorce decree -- including property division, spousal support alimony , child support, child custody arrangements, and visitation. A request for a change is made by filing a "motion to modify" the divorce decree or judgment.
This motion is usually filed with the same court where the divorce judgment was issued. Many states provide forms, check with your local state and county courts to see if they are available. When drafting your motion to modify you must demonstrate changed circumstances that make a change warranted. For instance, loss of a job or a promotion can be grounds for modifying spousal or child support. Each state has its own rules about the modification process and the proof that is necessary for the modification to succeed.
Modifying child custody can be done, but it is difficult. Courts assume that the original custody arrangements were correct and they are reluctant to make custody changes. However, they will if it is in the best interest of the child and there are changed circumstance that make a change necessary. Once the petition for modification has been completed, it will need to be filed with the court and served on your spouse. The court will schedule a hearing date and you will be able to present your argument. Some written notices are extremely detailed and make it clear what changes are needed.
In those instances, the amendment is little more than a matter of editing your existing document and refiling it. If this is the case, you can look up the code section and read it.
Sometimes, the citation is to a very lengthy law or court rule, which makes it less helpful, but often, it takes you to a very specific section of law that you can then compare to the applicable sections of your documents in an effort to diagnose the problem. The following are among the most common mistakes people make that lead to the need to amend a document:. Note that amending applies only after you have filed a legal document and have determined that changes are needed. If you haven't yet filed the document, you simply need to make your changes before you file it to avoid problems.
For any other amended documents that aren't initiating pleadings, it should be sufficient to just mail a copy to your spouse.
Certified mailing with a green return-receipt requested probably isn't necessary, but it does give you the peace of mind of having something to show the Court the return-receipt signed by your spouse should compliance with service requirements ever become an issue. You may have already received some form of Certificate or Proof of Service with your document package, which you can copy and paste into a separate document.
If not, DivorceWriter will e-mail supplemental forms to you, which should include a Certificate or Proof of Service. Sometimes, if a written rejection notice is sent, it will provide a date by which the amendment must be filed. Not quite sure where he thinks that having all four in his home will be cheaper than what he was paying me per month. I had all four children for at least 12 years without him so much as seeing them but maybe a couple times a year and only calling on birthdays. Now all of a sudden he wants to be look like father of the year with his new wife new home new car and my poor kids are the ones that will suffer in the end.
Like my ex told me the one with the money always wins and that he would see me in court while I was losing. Granddaughter is turning 18 this month has already graduated and support ends for her but the ex is taking son back to court for more support for younger child since oldest is going off. How is this fair? She also works. Mom lives with her new husband in Orlando Fl. Husband and wife divorced with no custody or support agreement.
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Child recently turned 18 and is graduating in 2 weeks. Ex wife is threatening to go to court now to get back support that was never ordered or agreed.
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Can she do that? She is also claiming rights to a pending inheritance due to ex husband. We are in PA. I live in NJ. But things are getting tighter and I can really use the financial relief so I can get back out on my own. What are the odds of me getting my payment reduced at this stage of the game. Any thoughts? Divorced in Youngest of two sons will be 19 in August. His older brother is in college. I have paid on loans she was required by the court to pay, and child support we agreed on.
So my question is, what is the process if she decides to stir it all up again. My son has lived with me since june….. Do I get to receive back support for money that was taking from me during this long process?? Clarence, what happened in Court on March 1st? Were you granted the modification, and if so, how do they work the overpayment you made all those months? I waived child support. At my devoice hearing. I did it and now my ex pays whenever she feels like it.
Which is not often. Anyone know if I was wrong? Besides getting child support payments every month for my son can I request the court if the father can help pay for a vehicle my son needs so importantly to get to school and back. Trying to negotiate lowering your child support payment would probably be something that would be difficult to do on your own as well.
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At least passing what you want to do through a lawyer might be a good idea to give you a better chance at getting those things changed. I am married to My babys father but I grew up in a split home and I have 2 step kids that live out of state. My husband pays almost dollars in child support for these 2 children which is over a 3rd of our net income after our car payment. We also take care of Our son, my two under age sisters and My not yet disabled epileptic mother….
My step kids mother is on disability, doesnt work and continues tobtell us she doesnt see our money after we have explained to her we actually pay her state aid with our child support through the state of Alaska. Worst part: My Husband and I havent seen Our kids in almost 3years. They have never met their Baby Brother who is almost 2. Tell me how this is fair. Legally in the papers we are suppose to pay for the children to come to visit and She is suppose to pay to take them back home.
We were going to use income tax last year to pay to brinf them down to Arkansas.
But child support took nost of our income tax and she mentioned she might get the check and if she does she will use that to oay for it all…ywah I dont think they got it since its been 8 months. I am so upset and it just drives me insane that this is even allowed.
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Even if you both made And would not be too bad. I had to file Chapter I have 4 children that I currently have a child support order for. Now I work two jobs to pay all my bills.