How to Appeal a Child Support Order
Determining the proper amount of child support is a complicated process in Florida that involves complex child support tables, guidelines, and numerous other factors specific to each case. As such, sometimes errors are made when determining how much support a child should receive in a Florida divorce, either receiving too much or too little from the noncustodial parent. If you believe that the court erred in their child support order, one option is to appeal that decision to the appellate court. At the law office of Blair H. Chan, III, our office is prepared to advise and assist in your child support appeal and any other issues that may arise in your Florida divorce. Call or contact the office in Tampa Bay today to schedule a free consultation.
How To Appeal a Child Support Order
An appeal must be made quickly after a final judgment on child support at the trial level. Typically, an appeal must be filed within thirty days of the final judgment. An appeal differs substantially from the trial level. Once the petition for appeal has been filed, your attorney will review the trial transcript, which includes all testimony, evidence, and arguments made during the trial. It is important to note that no new evidence or testimony is allowed at the appellate level. All decisions are made based on the trial transcript.
A written brief is then submitted to the appellate court outlining the mistakes in law or procedure that led to the error in the child support order. Your attorney will then present oral arguments to the appellate court, outlining the legal reasons why an error was made and answering any questions posed by the appellate judges. The appellate court will then review the written brief and oral arguments before rendering a decision on the appeal, which can occur weeks or months after the case is presented to the court.
Possible Outcomes of the Appeal
The appellate court in Florida will render one of three possible outcomes on your child support appeal. The first option is to affirm the trial court’s decision and uphold the current order for child support. The second option is to reverse the decision of the trial court and issue a new order with an amended support amount. The third option is to remand the case back to the trial level with a ruling on a specific fact or law in the case, where the trial court can reassess the child support order with that appellate ruling in place. An experienced attorney can go over the potential outcomes of your case and what to expect with your child support order.
Call or Contact the Office Today
Have you received a child support order that you believe is incorrect? If so, you may be able to appeal the order but must do so quickly after the judgment. To learn more about your legal options, contact a Tampa child support lawyer at the law office of Blair H. Chan, III today to schedule a free consultation.