QUESTION

How do I appeal two separate court orders?

Asked on Apr 25th, 2014 on Divorce - Michigan
More details to this question:
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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3 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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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.
Answered on Apr 28th, 2014 at 10:39 AM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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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.
Answered on Apr 28th, 2014 at 10:39 AM

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Family Law Attorney serving Brighton, MI at John Ceci PLLC
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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.
Answered on Apr 28th, 2014 at 8:50 AM

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