QUESTION
How do I appeal a judgement for my divorce that was final 3 weeks ago?
Asked on Jan 07th, 2013 on Divorce - Arizona
More details to this question:
My husband and I were married for 20 years. He wanted a divorce. He convinced me that we should file as co-petitioners. He promised we would be friends and this would be amicable. We filled out the papers, and the whole time, both of our emotions were raw. Tears, kind words, affection...As soon as the papers were completed, he promised to get me a copy. That didn't happen! None of the promises he made have been kept. We have a 12-year-old daughter, that he has only seen for approximately 40 hours since August 3, 2012. He has not provided me with a dime for child support in that time. I had to purchase a copy of the divorce papers from the courthouse. I noticed that there was a BIG change in what we originally filled out. As it stands right now, the judgment says I don't get any child support, or money from his 401K. NOT WHAT WE AGREED! He is still living in our home, while our daughter and I are sharing a bedroom at a friend's house, because we cannot afford to move out. He hasn't complied with any of the judgment in this case. I want to appeal the judgment, as I feel as though he manipulated me into agreeing to things that I shouldn't have. My daughter and I cannot survive on my income, and this was never the agreement. He claimed that he was struggling to make ends meet, however, he started a relationship on August 25, 2012, with someone, before we even filled out the papers, only 3 weeks after he kicked his daughter and I out. He can afford to take weekend trips with her, buy expensive items, such as a gun safe, but can't afford to pay child support? What can I do to appeal this and make it right for my daughter and myself?
16 ANSWERS
You should consult a family law attorney to review the paperwork and determine your best course of action. You may have grounds to set aside the agreement on the grounds of misrepresentation.
Answered on Jan 08th, 2013 at 4:30 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to meet with an attorney immediately to learn more about the options in your specific set of circumstances. It is not possible to properly answer your questions in this forum.
Answered on Jan 08th, 2013 at 4:28 PM
You need to either appeal the decision (which will be difficult) or file a Motion for Relief from Judgment which is difficult (if not impossible to do without an attorney).
Answered on Jan 08th, 2013 at 4:27 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to consult with an attorney immediately. You only have a few more days to appeal, if you can. Once 30 days have passed, you will no longer be able to appeal anything.
Answered on Jan 08th, 2013 at 4:25 PM
2 Awards
Get a lawyer ASAP. Time is of the essence. Get an attorney TODAY.
Answered on Jan 08th, 2013 at 4:23 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You must file a motion for new trial within 30 days of the date of judgment. Doing so gives you more time to file your documents with the court of appeals. I suggest you hire a lawyer.
Answered on Jan 08th, 2013 at 4:22 PM
Milton Toro Marquez
You can possibly get the Final Judgment set aside on the basis of Fraud and Duress. Contact an attorney immediately.
Answered on Jan 08th, 2013 at 4:21 PM
In reply, you can file a Motion to Set Aside Decree based on the changes ex initiated which were not what you had agreed to. I would advise you to obtain counsel to assist you in this matter, asking the Court to award you your attorney's fees for the deceptive documents he filed in the Court.
Answered on Jan 08th, 2013 at 4:20 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Immediately see an attorney about filing a motion to set aside the judgment or do an appeal. You can still get child support by law regardless of what he says.
Answered on Jan 08th, 2013 at 4:18 PM
get an attorney and file a Motion For new Trial this week
Answered on Jan 08th, 2013 at 4:18 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Without seeing the document and/or knowing just what the agreement was, it is hard to advise you. There are a couple of things you can do immediately. First off, child support can not be waived in a judgment; in fact, it can never be waived. File a request right now for child support at childsup.ca.gov. You can even submit a request online. (This is the Department of Child Support website. They are fantastic, but the process takes a little longer. You can (concurrently) file a Request for Order for Spousal and Child Support at the courthouse (just let DCSS know what you are doing). Next, to set aside the MSA/judgment, you will have to Request a Set Aside of the order. There is a family law facilitator at the courthouse that can assist you with the documents. I do not know what your income is, or your husband's, but if either of you has a big enough income then you really need an attorney. If husband makes more than you, then you can request he pay some or all of your fees on a need and ability to pay basis.
Answered on Jan 08th, 2013 at 4:17 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can appeal, but there is only a short time within which to appeal, or to ask the court to reconsider. Find a skilled divorce and appellate lawyer RIGHT AWAY.
Answered on Jan 08th, 2013 at 4:17 PM
You must file your Notice of Appeal and other papers within 30 days. You should consult with an attorney who does appeals yesterday.
Answered on Jan 08th, 2013 at 4:16 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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You can move the court to reopen the judgment pursuant to Section 806.07 of the Wisconsin Statutes on the grounds of misrepresentation and/or fraud. That is the least expensive way to deal with this problem. Otherwise, you have 90 days to file an appeal, but be careful, that time can be shortened to 45 days. I do both kinds of work, in the trial court and on appeal. Give me a call. I offer free consultations. Whatever you do, do not delay!
Answered on Jan 08th, 2013 at 4:10 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Get an attorney immediately, do not pass go, do not collect $200. It may be too late, but the only way to make sure this done properly is to get your own attorney that has your back.
Answered on Jan 08th, 2013 at 4:07 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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It depends upon how the final orders were entered. If it was a Default Decree, you can consider filing a motion to set it aside based upon fraud or other certain reasons. If it was a Consent Decree of Dissolution in which you signed the final papers, it might be less likely that the court will reopen the judgment. I would suggest consulting an attorney. You would need to do so immediately because there are time frames and deadlines to file certain motions like this before you lose your opportunity to do so.
Answered on Jan 08th, 2013 at 4:06 PM