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Appealing Family Court decision

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zbamboozled

Junior Member
What is the name of your state (only U.S. law)? New York

Is it necessary to have a lawyer file an appeal to a family court decision? Once filed, is there a hearing for me (or do I need to have a lawyer) to present evidence. How much does it cost to file such an appeal in NY?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? New York

Is it necessary to have a lawyer file an appeal to a family court decision? Once filed, is there a hearing for me (or do I need to have a lawyer) to present evidence. How much does it cost to file such an appeal in NY?
Under what circustances do you feel an appeal is warranted?
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? New York

Is it necessary to have a lawyer file an appeal to a family court decision? Once filed, is there a hearing for me (or do I need to have a lawyer) to present evidence. How much does it cost to file such an appeal in NY?
It is not necessary to have an attorney to file an appeal, but your chances of winning without one are pretty slim.

What are the circumstances? What error of law did the judge make that you think entitles you to an appeal? What are you trying to change in the decision?
 

BL

Senior Member
Your posting is under child support .

If that's what you are asking about .

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.
 

You Are Guilty

Senior Member
An appeal to the judge is (relatively) straightforward, as it's not technically an "appeal". An actual appeal from the judge's order is significantly more difficult, not to mention more expensive as well. I think the printer's bill alone from my last appeal was about $6500. (Yours should be less than that though).
 

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