I'm contesting an order from court that does not have the right amount of money I make. Also, they did not include the money my ex made on workman's comp, they only made her give her income tax(workman's comp not taxable) return. D.O.R. knew this and I'm appealing the money and I want to include that the plaintiff must produce all income for 2011.. Any direction in this matter would be appreciated. Also, my ex got a loan for 18,000 prior to hearing, I brought this up as income but they just brushed me off. shouldn't this count as income too, as it is part of her estate.. thanks in fl
A child support appeal is just like any other appeal, but there is a lot more to it than just filing a notice of appeal. There are certain notices that have to go to the clerk and the court reporter as well. The appellate courts are very, very strict in their requirements and deadlines, even being so strict as to designate the font type and size of the paperwork you file. Appeals are not easy. You should hire an attorney before even considering an appeal.
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Each state has a definition of what is income for purposes of calculating child support. It sounds as if you went to a hearing without an attorney and without knowing what counts as income in your state. Before you exert the time and energy to appeal you should consult with an attorney to clarify your understanding of these issues.
If you do appeal, it would be like any other civil appeal. You are limited to the evidence produced at your hearing. If you are planning to fight that the court didn't believe your evidence you are extremely unlikely to persuade an appellate court to change the ruling. You need a legal issue such as the trial court committed legal error by not considering income that fits within the statutory definition.
Appeals are technical and you should have an appellate specialist (they're certified in Florida) to represent you.
This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.
A loan is not income. Income means something you work for, or a dividend on a stock, or interest on a loan or a CD.
You are correct that all income should be considered for 2011. Unless, of course, you want the court to forget about the injury and impute income to your ex that she did no earn as a result of not working.
Perhaps most important for you to realize that as my colleagues have noted, an appeal is based solely on the evidence and how the judge applied the law to the facts established by the evidence. If the 2011 tax return was not introduced into evidence, the trial court did not consider it and as a result the appellate court can't either. The appellate court can not speculate as to what information the 2011 tax return had. In fact, the trial court can't either.
If your ex's wage stubs were introduced into evidence, that would help show 2011 income because many wage stubs show a year-to-date total. But, a wage stub would not reveal another job, and neither would the tax return unless your ex reports it.
Let me try to ease some of the pain: under the child support guidelines, an additional $1000.00 per month in net [take home] income translates to a relatively small amount of support. Here is an example--the difference between $5,000.00 take home and $6,000.00 take hom---and this is both parents combined--is about $185.00 more a month, and then that is split between the parents on a pro-rata basis. So, even if you were to show more income to your ex, the actual difference in what you have to pay is not so very much after all is said and done.
Also, you should know that to take an appeal you must pay both the appellate court its filing fee and the circuit court to prepare the record on appeal. And if there was a court reporter present, or the proceeding was recorded electronically, it is your obligation to pay to have a transcript prepared.
So, depending on the amount of the difference using all 2011 income would make, the number of children and his/her/their ages, you may wind up spending more money just to get the appeal filed than what it would cost you to pay more support as ordered for a year.
It is important that you take the expense of the appeal into account.
It is ESSENTIAL that you timely file your notice of appeal. You have 30 calendar days, not business days, to file it.
I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.
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