Question regarding Appeal

[Fairy4]

What is the name of your state? VA

I just spoke with my attorney concerning our appeal.

She stated that she was unsure on what grounds he was using for the appeal, but she said not to worry about a thing!

According to her, the chances of anything changing at the appeal is slim to none. Especially since the GAL recommended that the children would not benefit from a move to their father's house.

She thinks the appeal is mainly about him trying to lower his child support.

Anyone agree with this? It seems to me that if my ex knew that nothing would change, then he wouldn't bother with the appeal? Also, can my ex be held liable for my attorney fees?

 

[casa]

What is the name of your state? VA

I just spoke with my attorney concerning our appeal.

She stated that she was unsure on what grounds he was using for the appeal, but she said not to worry about a thing!

According to her, the chances of anything changing at the appeal is slim to none. Especially since the GAL recommended that the children would not benefit from a move to their father's house.

She thinks the appeal is mainly about him trying to lower his child support.

Anyone agree with this? It seems to me that if my ex knew that nothing would change, then he wouldn't bother with the appeal? Also, can my ex be held liable for my attorney fees?

Your attorney must request attorney fees...which she surely knows.

Sometimes people appeal because they genuinely believe they are 'Right' and some do it just to cause aggravation to the other person. You never know his motives- but if he's appealing, he will have to give a reason. ie; bias, procedural error...something. Once your attorney knows the basis for the appeal- then she'll have a better idea of what direction to go from there.

GALs recommendations have a lot of pull in court. There has to be a very valid reason to try to pursuade a judge to rule differently than what the GAL recommends.

 

[Fairy4]

From what my attorney told me, they are appealing the whole decision: visitation, child support, custody.

All I can think of that he had grounds for is that fact that the judge in Sept. wouldn't issue another contin. so my ex could get documentation of what he pays for health insurance. The judge stated he'd had over 5 months to get something, and he didn't see the need to pospone it any longer. But, he also receives profit sharing to the tune of 6-8 grand a year that wasn't added into his salary (they take insurance costs out of that at the end of the year).

Also, my ex wanted me to drop my babysitter and let his wife or his mother pick up the kids from school. They both work part/full time jobs, and the judge said it was up to me, and I declined. Mainly, because what happens when summer comes, or school breaks, not to mention I'd never know from one day to the next who was going to be picking up the kids.

 

[Fairy4]

My attorney called again, and the appeal has been continued yet again. The date was set for 01-11-06, but the judge stepped down from the case because he knew all of us involved. The case probably won't be heard until early March...almost a year since we petitioned the courts.

My attorney said it probably could be worked out before we went to court. Evidently, while my attorney was talking to me, my ex's attorney was using her conference room to speak with another attorney, because he doesn't have a conference room?

All he basically wants is a reduction in child support. Obviously he just doesn't want to pay that much!

 

[betterthanher]

My attorney called again, and the appeal has been continued yet again. The date was set for 01-11-06, but the judge stepped down from the case because he knew all of us involved.

My question would be why the Judge didn't recuse her/himself from the start.

All he basically wants is a reduction in child support. Obviously he just doesn't want to pay that much!

The child support guidelines are just that -- guidelines and can be "negotiated" with attorneys and the Judge.

 

[LdiJ]

My attorney called again, and the appeal has been continued yet again. The date was set for 01-11-06, but the judge stepped down from the case because he knew all of us involved. The case probably won't be heard until early March...almost a year since we petitioned the courts.

My attorney said it probably could be worked out before we went to court. Evidently, while my attorney was talking to me, my ex's attorney was using her conference room to speak with another attorney, because he doesn't have a conference room?

All he basically wants is a reduction in child support. Obviously he just doesn't want to pay that much!

Obviously not....however if his profit sharing wasn't even included in the calculation...then perhaps he is being foolish......

Perhaps your attorney should be mentioning to his attorney that if it ends up being recalculated, then his profit sharing WILL be included?????