How do I appeal two separate court orders? 5 Answers as of April 28, 2014

I'm ordered large child support based on imputed income on my recent divorce decree because I did not know the laws. I immediately filed for child support magistrate to modify and brought new evidence. The court denied my modification saying I'm trying to re-litigate the case. I'm now ready to file an appeal from the original district court order. Do I appeal from both the child support magistrate order and district courts? Do I appeal from the original district court order since it imputed income? Since the child support magistrate was the last order, does it stand unless appealed?

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John Russo | John Russo
First of all nothing you state makes procedural sense. Sounds like you tried to handle your owe divorce matte,r and you obviously received what you paid for. But with that, if you filed a motion for reconsideration during the interlocutory period it should have been assigned to the same judge and court that heard the divorce matter since you are still in the interlocutory stage, so why would that issue go to a magistrate not involved in the divorce proceeding, AGAIN during the interlocutory period. You need counsel for a number of reasons, but the most important is ; You are not appealing anything, appeals go to the highest court within that jurisdiction, i.e. State Supreme Court, the notice of appeal is the easiest part, you need transcripts of lower courts proceedings, you need to prepare a legal brief setting forth you'r argument supported by statutory and case law, both binding and persuasive, and you'r brief is governed by strict rules, as to format, number of pages etc., and most importantly you need to be prepared to argue you'r legal position. This is not a game and you are not an attorney, just because you can fill-out some paperwork and show up at court, that does not make you versed in the law, would you attempt to preform open heart surgery on yourself? And yes it is the same thing, good attorney's are highly skilled in the law and procedure, and the law is not for a lay-person.
Answer Applies to: Rhode Island
Replied: 4/28/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
What is the basis for your appeal? I wasn't aware of the law is not the basis for an appeal. Do you feel the basis for imputing income was wrong? It is up to the court whether they will hear new evidence. Hopefully you filed the correct motion to consider new evidence. The good news is, there are many ways to attack a court order in family courts. Your issue is timing. Check to see if you are within the statutory time frames to file motions for reconsideration, etc. You must determine if a motion or an appeal is the way to go. At the end of the day, you can modify a support order if your situation changes. So plan your strategy on the most cost effective way to proceed. I hope this helps.
Answer Applies to: California
Replied: 4/28/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You appeal the district court order, but you will lose. It is not the court's fault that you did not know the law. You had the opportunity to present your case and you failed to do so. That is why it is almost always a good thing to hire a lawyer.
Answer Applies to: Idaho
Replied: 4/28/2014
John Ceci PLLC
John Ceci PLLC | John Ceci
Generally you need to appeal any order you are unhappy with. Unfortunately your situation is a bit too complex to analyze more in-depth in this format. And there is no way I can explain the appeal process in a paragraph of two, at least not in a way that will help you significantly. You should consult with an appellate attorney who can review the orders you are referring to and determine the correct course of action.
Answer Applies to: Michigan
Replied: 4/28/2014
Smith Law | Sharon K Smith
You would need to speak with a lawyer directly. You speak of district court and this is not generally the procedure for support cases in Pennsylvania. You would have to file exceptions on the original order but you are only given 20 days after the order is issued to do so in PA.
Answer Applies to: Pennsylvania
Replied: 4/28/2014
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