Hi, I know that I have 10 days to appeal a child support decision. I assume that is 10 days, not 10 business days, but it never hurts to ask. :)
Also, once the appeal is over, will future court issues go back to the same judge in JDR, and will he be mad at me for appealing his decision?
You have 10 CALENDAR days from the date of entry of the J&DR court order within which to file your Notice of Appeal.
An appeal from the J&DR court to the Circuit Court is an appeal de novo, which means that the case is tried anew in the Circuit Court. The Circuit Court will then decide the case and, once that order is final, it can only be appealed to the Ct. of Appeals for errors of law or abuse of discretion by the trial judge.
Whether future court issues will be remanded back to the J&DR court depends on a number of facts that are not included in your question. Where there is concurrent jurisdiuction (such as if child support were part of a suit for separate maintenance or a suit for divorce), the Circuit Court can order that jurisdiction be transfered to the J&DR court. In the absence of such a transfer, then jurisdiction would remain with the Circuit Court. Conversely, where the Circuit Court only has appellate jurisdiction over the matter, then jurisdiction should be remanded back to the J&DR court for any future proceedings.
As for your last concern, judges are use to their decisions being appealed -- lawyers file appeals and motions for reconsideration all the time and the judges don't get "mad" at us. The judges in J&DR Ct. see a lot of people coming in and out of their court everyday and there is usually more than one judge that hears cases in J&DR. So, you probably wouldn't get the same judge later and, if you did, they probably won't remember you or your case specifically. If you did get the same judge and the judge remembered you, they probably won't take the appeal personally -- you are, after all, just exercising your legal rights and judges understand that. Remember, judges were lawyers before they became judges and filed many appeals of rulings themselves over the years. So, they know it is business, not personal.
This response does not create an attorney-client relationship and is intended for general information purposes only.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline