Atlanta Child Support Appeals Attorneys
Rulings by family law judges affect every aspect of a married couple’s divorce. Child support is a significant part of the final decree. The court order provides the financial security necessary to meet your child’s needs. However, there might be an issue with the decision handed down by the judge.
Whether you must pay or receive support payments, an error during child support proceedings can lead to an unfair ruling. You can file an appeal to review the decision and to change the determination to a number that makes sense. Before filing your appeal, consult one of the Atlanta family law appeals attorneys from Kessler & Solomiany, LLC.
We understand the sensitive nature of your case and will handle it with care and compassion. Our team will develop a plan to seek the most favorable outcome. Call us at (404) 688-8810 for a confidential consultation to learn more.
Types of Appeals You Can File in Georgia
An appeal is a separate legal process related to an original family law case. It occurs after the court issues a judgment. Appellate judges can review the original order to determine whether there were errors in the trial court’s decision. The appellate procedure doesn’t involve new evidence, witness testimony, or other aspects typical of divorce proceedings. Instead, it focuses on the proper application of the law and the judicial process.
Three types of appeals are available in Georgia depending on the circumstances:
- Direct appeal – You don’t need to request permission to file a direct appeal. A direct appeal allows you to argue against a judgment due to errors made by the lower court. You must file a notice of appeal to the court clerk within thirty days of the issued order.
- Discretionary appeal – A discretionary appeal requests that the Georgia Court of Appeals decision be reversed. You must file the appeal within thirty days of the initial child support order.
- Interlocutory application to appeal – You can file an interlocutory application to appeal a court order made by the lower court during ongoing proceedings. You must file the application for interlocutory relief within ten days of the entered order. The trial court will decide whether to reject or grant a review.
Common Grounds to Appeal a Child Support Order
You might be unhappy with the judge’s decision regarding child support obligations. However, you can’t appeal the decision simply because you don’t like the ruling. To file an appeal after a child support order is issued, you must have valid grounds, such as:
- You had ineffective legal representation
- There was a legal error or mistake of law
- Some pertinent evidence or witness testimony was not considered
- There is uncertainty about the law
- The judge didn’t follow the proper court procedures
- There was an abuse of discretion
- There was an error or mistake about the facts of the case
- The judge made an error while interpreting and applying the law
- A conflict of interest exists with the judge or your prior attorney
Navigating the Process of Appealing a Child Support Decision
There are multiple steps you must follow during the appeals process, including:
- Determine what type of appeal to file with the court
- File a notice of appeal within thirty days of the initially issued judgment
- Give a copy of the notice to the other party
- Gather transcripts from the court hearings
- Create a written brief and oral argument to explain the basis of appealing the court’s decision
- Prepare and file the brief explaining your legal arguments for the appeal
- Receive a filed response from the other party if they choose to respond to your arguments
- Wait for a panel of three judges to review your appeal and render their decision
The Court of Appeals can take one of these actions:
- Transfer your case
- Reverse or vacate the trial court’s decision
- Dismiss your case
- Affirm the trial court’s decision
Mistakes to Avoid During Your Appeal
The appeals process is complex. The simplest mistake can negatively affect your case. You should not appeal a child support order without an experienced attorney from Kessler & Solomiany, LLC. We can take over your case and handle your appeal efficiently and correctly.
The most common mistakes made during child support appeals include:
- Inadequate knowledge of the issues – Although you don’t like the judge’s decision, appealing the final order isn’t possible without a valid reason. Appeals aim to correct mistakes made in the original hearing. Knowing the issues you can appeal is crucial. Not all circumstances are appealable to the Court of Appeals in Georgia. You’ll waste your time and money if you attempt to get the trial court’s decision reversed without substantial grounds.
- Missing critical deadlines – Your appeal must be filed within thirty days of the date the judge files the original child support order. If the deadline passes and you try to appeal the decision, the court will likely dismiss your case. Remaining diligent about legal timelines is essential during any family law matter. You should hire an attorney and start preparing your appeal immediately after the issued judgment. That way, you don’t run out of time while reviewing court transcripts and drafting your briefs and arguments.
- Not hiring an attorney – You might think you can handle your case without a lawyer. After all, retaining someone’s legal services costs money you might not have. Although you’d like to avoid financial strain during the appeals process, proceeding without a lawyer will likely lead to a negative result. An experienced appeals lawyer can help you with every aspect of your case, from finding the error warranting an appeal to gathering the necessary legal documents and preparing a brief to explain the arguments against the initial decision.
Fight the Court’s Decision with Help from Kessler & Solomiany, LLC
Just because a judge files a child support order in your divorce case doesn’t mean you’re out of options. You can pursue an appeal if you believe an error contributed to the ruling. If you want to reverse the trial court’s decision because of an unfair or unlawful judgment, do not hesitate to contact Kessler & Solomiany, LLC.
We strive to achieve positive results for our clients and will do the same for you. Call us at (404) 688-8810 for a confidential consultation with one of our dedicated Atlanta child support appeals attorneys.