Challenge Court Ruling

[uhfin04]

What is the name of your state (only U.S. law)? NY
If you do not agree with the outcome of a court ruling concerning back support and/or a modification order can you obtain a lawyer and challenge the ruling? Or have the ruling modified?

 

[Antigone*]

What is the name of your state (only U.S. law)? NY
If you do not agree with the outcome of a court ruling concerning back support and/or a modification order can you obtain a lawyer and challenge the ruling? Or have the ruling modified?

A court ruling may be successfully modified if there is an error in the application of the law. Generally speaking when it comes to these types of cases one side is not going to be happy with the ruling and that, a successful appeal does not make.

 

[mistoffolees]

A court ruling may be successfully modified if there is an error in the application of the law. Generally speaking when it comes to these types of cases one side is not going to be happy with the ruling and that, a successful appeal does not make.

Actually, there are two possibilities:

1. If there is a simple error (a typo or a calculation error, for example), it is often possible to ask the judge to reconsider within a fairly short time period.

2. An appeal is a request for a higher court to evaluate the case and possibly change the decision (or, more likely, refer it back to the original court). Again, timing is important. While anyone can request an appeal, one will typically only win if, as you state, there is a significant error in the way the law is applied. Not liking the result won't work. Appeals are typically time consuming and expensive.

 

[BL]

You could have an attorney review it and write up the objection timely , if you chose to.


What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days
of the date the order is sent to them. The objection must be filed with the court clerk's office,
with a copy sent to the other party. The other party may send a reply to the court. After review
ing
the case file, a judge then rules on the objection. The judge may leave the order as it is,
change it, or send the case back to the Support Magistrate for further proceedings.
If either party disagrees with the judge's decision, the case may be appealed to a higher court

file an objection or challenge, based on incorrect calculations or mistake of fact.
______________________________________
What if I disagree with the child support order that is issued at the hearing?

If either parent disagrees with the support order, he or she has 30 days from the date
the order was made to file a written objection with the court clerk’s office. A judge will
review the case file and decide whether or not the order should be changed.