Appealing a Florida Alimony Order
Florida alimony orders are typically determined by a number of factors by the court when a couple cannot agree to terms on their own. Spousal support determinations are fairly subjective, and it is easy for a judge to order too much or too little in alimony payments based on a simple miscalculation or misapplication of the law. At the law office of Blair H. Chan, III, our team is ready to assist you in an appeal of your alimony order after a Florida divorce. To learn more, call or contact our office today to schedule a free consultation.
Common Causes for an Alimony Appeal
There are many reasons why a spouse may need to appeal an alimony order after the court has issued a ruling. It is important that an appeal is made if a spouse believes that the court erred because failing to do so could put a spouse in an unfair financial situation for the foreseeable future. Once a court order establishing alimony is finalized it can only be modified upon a showing of a substantial change in circumstances. Some of the most common reasons for an alimony appeal include the following:
- Incorrect determination of a spouse’s need for support.
- Ordering the wrong amount of spousal support,
- Ordering alimony for too long or too short of time,
- Incorrect determination of a spouse’s income,
- Incorrectly imputing, or failure to impute, income to a spouse, and
- Misapplication of state statutory factors used to determine Florida alimony
How an Appeal Works
If you have decided to appeal the court’s alimony order, notice must be given within thirty days of the final judgment of the trial court. After notice is given, your attorney will begin work on a written appellate brief that outlines the legal issues and arguments for your case. Your spouse’s attorney will have the opportunity to provide their own written brief, and each side will have a chance to respond to the other. These briefs are submitted to the appellate court, and oral arguments are made in front of a panel of judges in the appeals court. Each side only has a few minutes to present their arguments to the court along with answering any questions that the judges may ask about the case.
The appellate judges do not make an immediate ruling on the case. They consider all documents and arguments provided before issuing an opinion with three possible outcomes. First, they could affirm the ruling of the lower court. Second, they could reverse the ruling of the lower court. Third, they could remand the issue back to the trial court with instructions to help them with a new ruling.
Call or Contact Our Office Now
Do you believe that the court erred in its alimony order in your divorce case? If so, it is critical that you speak with a knowledgeable Tampa family law appeals attorney as soon as possible. Call the office or contact us today at the law office of Blair H. Chan, III today to schedule a free evaluation of your case.