Child Support Appeals
If you don’t agree with the child support order established by the court, you may appeal the decision to a higher court for further consideration.
When two parents go through a divorce or separation, determining child custody is probably their number one concern. A major component of a custody order is a child support arrangement, which involves the funds that should go towards maintaining a child’s current standard of living. In most cases, the non-custodial parent, or the parent that does not attend to the day-to-day needs of the child, must pay the custodial parent on a monthly basis.
If you have recently been issued a child support order that is based on inaccurate information, you may be worried about your finances and your child’s well-being. These cases can be reviewed by a higher court to determine whether a mistake was made. Our child support attorneys at Pittsburgh Divorce & Family Law, LLC see incorrect and unfair child support arrangements all the time. We will work zealously to guide you through the appeals process, ensuring that you present the proper evidence and arguments.
Call (412) 471-5100 today to see how your child support order can be altered through an appellate court.
When is an Appeal Justified?
An appeal involves asking a higher court to review an order or decision that was made by the court you were originally involved with. While appellate courts promote fairness and act as a way to keep the legal system in check, they can only be called upon under certain circumstances. For example, a person cannot simply file an appeal because they disagree with the original decision. A person can only ask for a review of their case if mistakes were made during the original hearing. Mistakes are often made in the court of law regarding:
- The way facts were used. The judge may have placed an elevated level of importance on some facts while completely ignoring others
- Interpretation of the law. The judge may have been referencing the wrong law or interpreting the law incorrectly
An appeal can only be filed if the errors in question were objected to during the original hearing. The act of making your objections known is referred to as preserving an issue for appeal. This rule gives the judge the benefit of the doubt. After all, if a mistake was made, it should have been brought to the court’s attention. Preserving an issue also lets the judge know that you disapprove of the way the case is being handled and that an appeal might be sought.
Can I Apply for an Appeal?
In any family court case, both the petitioner and the respondent are allowed to file an appeal. Here, a petitioner is the person who opened the original case, whereas a respondent is the person that the case was against. If the above conditions are met and you did not agree with the judge’s decision, you may ask an appellate court to review your order. Before your case can move up the ladder; however, it must be reviewed by another judge. If this judge agrees with the original child support decision, you are then allowed to file an appeal. Both parties must then attend a hearing before an appellate judge. Oral arguments from both sides are allowed. If participation from both sides is minimal, the judge will make a final decision based on the case record and any existing evidence.
Let Us Protect Your Rights
Going through the process of appealing a child support order can be frustrating. You want to protect your child’s best interests, but you also want to maintain your financial security. The relationship with your child can also be negatively affected, as your child’s other parent may be painting you in a negative light. The Pittsburgh child support lawyers at Pittsburgh Divorce & Family Law, LLC are here to help protect everything you’ve achieved if you find yourself entrenched in a custody battle. With years of experience, attorney Anthony Piccirilli can help your case reach the best possible outcome, so you are not taken advantage of by the court system.
Call (412) 471-5100 now to see how your parental rights can be protected.