Wife moved out unilaterally, and has failed to contribute financially. Court ordered to pay, but she has failed to do so. Now, her new attorney is saying that they will file a motion to appeal the court order because it wasn't fair. Is that possible?
It is possible for him to argue that, sure. What does your lawyer tell you about it?
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
I'm on the Appellate Practice Committee and do a lot of Family Law appeals. To put it bluntly - an interlocutory appeal of a financial issue has a snowball's chance in hell. (An "interlocutory" order is an order entered during a case before a final judgment of divorce is entered - very tough to appeal any of them, and essentially no chance on a financial issue). There's a sample successful interlocutory appeal here (see MHS case) - take a look at how high the standard is and how extreme the facts had to be to get relief from the Appellate Division: http://www.dpdlaw.com/appeals
If you're proceeding with counsel, I strongly suggest getting an attorney who regularly practices in your county (and, preferably, before the judge this is before). There are numerous differences between counties (and between judges), both on procedural matters and how they rule substantively. Additionally, even if an attorney reduces the cost of travel time to court, the farther away the attorney is, the more every single court appearance will cost you. Get someone who specializes in Family Law, not someone handling more than one other area of law. Always check their website. The "jack of all trades - master of none" should not be handling your Family Law matter. Most importantly, don't assume that a firm is better just because it costs more. Quite often (if not always), the opposite is true!
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
He can appeal, or file a motion for reconsideration. But until vacated or overturned, the order is still enforceable.
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