+ Reply to Thread
Results 1 to 6 of 6
  1. #1
    angieshue is offline Member
    Join Date
    Oct 2004
    Posts
    97

    How Many Times Can A Person Appeal A Child Custody/support Case

    What is the name of your state? MO

    I am trying to find out how many times a noncustodial parent can appeal a child custody/support/visitation case once the custodial parent has been awarded support, custody, supervised visitation. Is there a limit on appeals in regard to these cases?
  2. #2
    betterthanher Guest
    Quote Originally Posted by angieshue
    What is the name of your state? MO

    I am trying to find out how many times a noncustodial parent can appeal a child custody/support/visitation case once the custodial parent has been awarded support, custody, supervised visitation. Is there a limit on appeals in regard to these cases?
    They have the legal right to appeal it all the way up to the US Supreme Court -- providing s/he can prove there's been an error in finding of fact/conclusion of law. One can't appeal "just because" they don't like the decision.
    Parenting issues can be appealed more than support issues because parental rights are constitutionally-protected and Judges, depending on their agenda many have a tendency to accomplish in their court, could show no regard for one's rights, especially if they aren't aware of them.
  3. #3
    angieshue is offline Member
    Join Date
    Oct 2004
    Posts
    97
    MO. Thanks for advise. I have a feeling that my husband's ex will continually take us to court over this same matter until the children are 18 years old, due to the fact that she has been ordered to pay child support, and that she is not "IN CONTROL" of this situation. She petitioned the courts in the first place, then didn't show up for court, so my husband was awarded custody and child support. She has wasted our time, money, and the judge was not happy that she didn't show up, but what can happen if she does petition again in the future once the judge has made this decision? Can we make her liable for attorney fees against her for bringing us to court again over the same issues?
  4. #4
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    65,562
    Quote Originally Posted by angieshue
    MO. Thanks for advise. I have a feeling that my husband's ex will continually take us to court over this same matter until the children are 18 years old, due to the fact that she has been ordered to pay child support, and that she is not "IN CONTROL" of this situation. She petitioned the courts in the first place, then didn't show up for court, so my husband was awarded custody and child support. She has wasted our time, money, and the judge was not happy that she didn't show up, but what can happen if she does petition again in the future once the judge has made this decision? Can we make her liable for attorney fees against her for bringing us to court again over the same issues?
    Ok...you aren't talking about an appeal, you are talking about a child support review or modification.

    Each state is different, but every state allows child support to be reviewed periodically. If your state allows it to happen once a year, then she can take dad back to court once a year. If your state allows it to happen every three years, then she can do it every three years.

    If you are in one of the rare states that have no rules on the issue, then she can do it as often as she likes.....however, that is the situation where a judge might get irritated and order her to pay your husband's legal fees.
  5. #5
    betterthanher Guest
    Quote Originally Posted by angieshue
    MO. Thanks for advise. I have a feeling that my husband's ex will continually take us to court over this same matter until the children are 18 years old, due to the fact that she has been ordered to pay child support, and that she is not "IN CONTROL" of this situation. She petitioned the courts in the first place, then didn't show up for court, so my husband was awarded custody and child support. She has wasted our time, money, and the judge was not happy that she didn't show up, but what can happen if she does petition again in the future once the judge has made this decision? Can we make her liable for attorney fees against her for bringing us to court again over the same issues?
    In addition to the advice LdiJ gave you, you should be able to find out that information from the State's child support enforcement division, whatever department that might be under. They should have a state website and I wouldn't doubt the questions you're looking for answers to would be under the "FAQ" section.
  6. #6
    angieshue is offline Member
    Join Date
    Oct 2004
    Posts
    97
    MO. THanks for the info. I appreciate it. As this is a very frustrating issue with this woman. She doesn't want her own children, but she doesn't want to pay to help support them or even see them on our terms. She has a schedule of visitation which is fair and she doesn't use it (well, that isn't accurate at this point, as she is in jail for maybe 4 years for DWI), unsure of how long she will be incarcerated this time. Thanks again.

Similar Threads

  1. Can I further appeal a denied appeal on unfair child support?
    By rollinblackout in forum Child Support
    Replies: 10
    Last Post: 12-27-2011, 05:49 PM
  2. how many times can i fle for child support
    By questionsdoubts in forum Child Support
    Replies: 4
    Last Post: 12-04-2010, 05:41 PM
  3. Child support and custody case
    By wyatt_earp5 in forum Child Custody & Visitation
    Replies: 5
    Last Post: 06-09-2009, 01:08 PM
  4. complicated child custody, child support case
    By Rguerrero2 in forum Child Custody & Visitation
    Replies: 33
    Last Post: 12-15-2008, 08:11 AM
  5. Child Support times two**************.....
    By EternalHiatus in forum Child Custody & Visitation
    Replies: 4
    Last Post: 05-15-2001, 01:36 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.