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How should I go about writing an appeal? Should I discredit the other party and their statements?

No superior court order is in place for the custody or support of the children. There is no parenting plan. Party A recieved benefits through the state and now party B has to pay child support as decided by and Administrative Judge. Party B is listed as non custdodial parent, which isn't the case. Party A has lied with written documents from relatives to prove his case. Now party B is appealing the decision.

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Attorney answers (2)

Reputation Level 10
I'm afraid there's no way to give you a good answer without reviewing the court file in some depth. Among other things, it's not clear to me whether you really need to file an appeal at this point, or whether your next filing should be in the superior court.

Many family law attorneys would be willing to look over your case and give you some advice on how to proceed. They would charge you for several hours of their time, of course, but that would still be much less expensive than having a lawyer handle everything for you.

Feel free to call me if you'd like referrals to some good family lawyers in your area.

--David Zuckerman
206-623-1595

Reputation Level 12
Dear ?,
An appeal is not about the facts. It is about the law. If you believe someone lied, you cannot argue this on appeal. The credibility of the witnesses is a matter for the fact-finder (here the ALJ) and his/her decisions as to what the facts are cannot and will not be reviewed by any higher court.
You can appeal if there are errors of law by the judge which prejudiced your case. It seems clear you do not have enough training or experience in law to be able to recognize any errors of law, much less those which one could possibly convince the judges on a reviewing court were prejudicial to your case.
You need to have your case file reviewed by a good local Washington family law attorney with experience in appeals. Only such a counsel can give you an opinion as to whether you have any chance on appeal. Probably you cannot afford to pay such a counsel. So you need to find out if any legal aid societies will do family law appeals pro bono for you. If you contact your State Bar, they should be able to help you find this out.
Yours sincerely,
Tim Provis
Cal. Bar No. 104800
Wis. Bar No. 1020123

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