What to Do When You Are Not Happy With the Court’s Decision
If you are unhappy with the family court judge’s final judgment of the dissolution of your marriage, you do not have to accept the decision as final. There are many reasons that you may be dissatisfied with the judge’s final ruling. For instance, you may feel that you deserve more custody rights than you received, or that you should not have to pay as much alimony as the judge ordered. Or, because you made all the payments on your family home, you may feel that it should go to you, and not to your former spouse just because he or she received more custody of the children. Fortunately, you are able to appeal any of the decisions made by the family court judge. However, if you want to do so, you must proceed with deliberation and care, as the judge will only hear your case if you have good reason to appeal.
When the Appeal is Pending and Automatic Stays
In order to file an appeal in Florida, you must first file and establish your case in the county where your case originated. However, eventually it will be transferred to one of Florida’s five appellate courts. Once you have filed your appeal, and until another decision is made, your case will be pending. When it is in pending status, you must follow the trial court’s original judgment or order unless the appellate court grants a stay. A stay essentially suspends all further action – including court order enforcement – while the appeal is pending. Whether or not an appellate judge will grant a stay depends on a number of factors. If you are not granted a stay but feel that you should have been, you and your Boca Raton post judgment modifications attorney can file a motion for one.
One type of stay that petitioner’s commonly file is a stay on monetary judgments. Monetary judgments include child support and alimony. If you are granted a stay on a monetary judgment, you will be asked to place a bond while the trial is pending. You will not have to make additional payments while the trial is pending. If you win the appeals process, the bond will be returned to you. However, if you lose, the bond will go towards the overdue support, and you will continue payments as normal.
When the Appeal Goes Before the Court
When your appeal finally goes before the appellate court, you will be able to make your case. You should be prepared to submit valid legal arguments and evidence, as well as demonstrate how the original decision was made in error. Because filing a successful appeal requires a thorough knowledge of the law, it is best to work with a Florida post judgment modifications attorney. If you cannot relate your appeal to the law, the appellate judge will not review your case.
The Waiting Period
Once the written briefs are sent before the appellate court they will be reviewed by a panel of judges. Typically, there is no need to go before the court yourself and to make a verbal argument. The panel of judges may take years to come to a decision; typically, however, an appeal decision is handed down within one year. Once a decision is made, either party has the right to request a rehearing or clarification.
Work with a Boca Raton Post Judgment Modifications & Enforcement Lawyer
At the Law Offices of Schwartz | White, our Boca Raton family lawyers want to help you achieve the best possible outcome to your family law case. If you are dissatisfied with the outcome, however, we can help you appeal to the higher courts for a different decision. If you want to appeal a family court’s decision, do not attempt to do so alone. Allow our post judgment modification attorneys to guide you through the process—call 561.391.9943 to schedule a private consultation today.