I show up to court in florida, the judge order me to pay 775$ in child support, I have two other children that I provide for and pay child support? if I take the mother back to court can the judge reduce the payments because the mother lie about her income and didn't show them proof of her income. I need some advice and help. I need it reduce, will they accept my court order for previous child support from my relationship. can I appeal it from south Carolina and have her come to south Carolina and serve her from south Carolina instead going back to court in florida?
Divorce / Separation Lawyer
You must contact an attorney right away as you only have a certain time period after the Final Judgment is entered in which to file your appeal. I just conducted an appeal here in Florida in which the 4th DCA agreed with my argument that it was error not to consider the payer's obligation to other children when calculating child support. Your question seems to indicate that you have an Order for Child Support from a prior relationship, so that should have been accounted for and if it was not, then you should have some recourse available.
You do not have to come to Florida to appeal the case, but it must be appealed to the District Court of Appeal that has jurisdiction over the trial court that you were in in Florida. I do not believe it would be possible to have her served in S.C. and have the case there. If you would like to contact me in regard to an appeal, you are welcome to or I would recommend that you contact an Avvo attorney or another member of The Florida Bar in a timely manner as if you do not file your appeal in time, then you are completely barred from ever doing so. Good luck to you.
Tami L. Augen Rhodes
Family Law Attorney
Your previous court ordered child support obligations should be considered a deduction from your gross monthly income. Did you attempt to offer the child support orders into evidence? I would recommend speaking to an attorney to see if there are grounds for a rehearing or filing exceptions to the GM's recommendations.
South Carolina isn't the place to appeal a Florida order.
Get started ASAP. The clock is running.
Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.
6 lawyers agree
Divorce / Separation Lawyer
My peers are correct. If you choose to appeal, you will need an attorney as these can be expensive and lengthy. Good luck to you.
This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445
Family Law Attorney
It is extremely difficult to answer this question without seeing the financial affidavits and evidence relied upon by the court and a transcript of the hearing. If this is a Florida case, you will need to appeal the judgment/order in Florida.
If you have a child support order/judgment from children from a previous relationship, this amount gets deducted from your gross income in order to determine your net income for the purposes of calculating child support. If this was not done, it is reversible error.
Invoking the jurisdiction of the appellate court is by filing a original and one copy of a notice of appeal in the lower tribunal within the time set forth in the Florida Rules of Appellate Procedure. You will also need to pay a filing fee to the lower tribunal and appellate court.
You may also want to consider filing a motion for rehearing before filing your notice of appeal if you are still within 10 days since the entry of the order/judgment and it is a final order. This would allow the trial court to consider any errors that it made.
The appellate process is very difficult and I highly suggest that you contact appellate counsel on Monday morning. There are very important time deadlines which must be followed in invoking the jurisdiction of the appellate court. I would be happy to refer you to an appellate lawyer who handles marital and family law appeals.
Sandy T. Fox, Esquire
Board Certified Marital & Family Law Attorney
4 lawyers agree
Regarding the 2 other children, were they born AFTER this child? If so, that matters. Getting an attorney will help you get the financial documents you need from the mother. The appeal has to happen in the original jurisdiction.