Can I appeal a judge's order of payment?The judge ordered that my ex pay towards his arrears in such a small monthly payment, that at the oredered rate it will take him over 4 years to have the debt relieved. The arrears only took him 1 year to create. He can afford to pay more than she ordered. My daughter and I need the relief now...we are pretty much homeless. My attorney in this matter, when I asked him about appealing stated, "the judge made her ruling!" My attorney also made a few other comments that told me he is not interested in my being a satisfied client. Attorney answers (2)
I am not admitted to practice in Arizona.
Most judge's rulings can be appealed (at some point, not necessarily immediately). Unfortunately, the appellate process tends to be both long and expensive. Appellate courts usually give great deference to trial judge's rulings, especially on "fact-specific" matters. That said, appeals usually have to be filed within a relatively short time or you lose your right to appeal. Another possibility is to ask the judge to reconsider her ruling. Was your current situation presented to the judge? Was the judge made consciously aware that the arrearage was created in one year? Was he in legitimate financial difficulty during that year or was he just not paying? Again, there are usually time limits on such motions, so you should consider your options and if your are going to act, act quickly.
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The appellate record needs to be examined because what is in the record already sets the stage for what can be done next. The answer to your question may take several hours of legal research.
And to decide what the next step will be needs to be really fast because the appeal deadline clock is running. You might find helpful my Legal Guide Questions to Consider Before Bringing an Appeal http://www.avvo.com/legal-guides/ugc/questions-... Because this matter is so important you should really get a lawyer. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-cho... You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-... No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details. Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. Find Public Finance Lawyers |