Judge orderd me to pay $400/week in child support. I only make $350 right now. He based his decision on a 2 year old loan application which my earnings were misrepresented by the loan proccessor. He said If that was inaccurate I shouldnt have signed it. Do I have a case for appeal?
How To File An Appeal? Judge Ordered Me To Pay Child Support Based On A 2 Year Old Loan Application.?
July 13th, 2010 by Home Loans Leave a reply »
Advertisement
As far as I know you certainly do. Child support should be figured from your present income. Your atty should have presented a statement from your employer stating that your monthly earnings are approximately $1400, or $350 per week. Tax returns also help prove your case. Although, if the child’s mother filed the petition two years ago you may have to pay that amount. The judge is also correct about your income reporting. It should be accurate.
You can’t appeal a judgment of fact, you can only appeal a finding of law.
If you don’t understand what that means, you will need an attorney to file an appeal for you. Appeal attorneys don’t come cheap.
Fortunately, most child support cases can be revisited on a regular basis, in CA that’s once every 6 months. Find out how long you have to wait in your State before you can apply for a change in child support. As soon as that time arrives, file for a change.
Either party can request a change in child support. The documents will have to be filed in the same court that the original order for support was made.
Yes, you may have reason to appeal. You should be talking to your attorney about this, and only your attorney. There is a special process for appeals in each and every state (and even for each type of court). See an attorney NOW. If you have waited too long, then you may NOT appeal even if you have a good reason to.
You have to file for a motion. Then bring with you last year’s IRS tax file to prove income.