When a child support order is granted by the court, it is written to ensure the child is financially provided for by both parents. The court determines these orders based on the parents’ situation, such as their incomes, how much time they spend with the child, and any specific needs the child has. However, if one or both parents have been awarded a child support order and believe that an error has been made or are unhappy with the ruling, they may wish to appeal it.
Learn more about what may qualify you for the child support appeals process.
Can You Appeal a Child Support Order From the Court?
If an individual or a couple finds an issue with a child support order granted by the court, it is possible to appeal it. An appeal will not be granted in every situation, so it is important to ensure that there are sufficient grounds for a petition. It is important to recognize that an appeal will not be granted simply because the paying or receiving party is unhappy with the ruling; there must be some other issue that must be rectified to ensure a fair and reasonable child support order.
Some of the most common grounds for pursuing an appeal for a child support order include:
Legal Errors
If an error has been made in the process leading up to the child support order, it may result in an unfair or incorrect ruling. If you feel as though your child support order ruling includes errors, you have the right to pursue an appeal. It is best to consult with a lawyer who can help you determine if any mistakes were made during the hearing.
These legal errors can take many forms:
- Misapplication – One mistake may include a misapplication of child support guidelines. This means that the court may have used incorrect financial information of one or both parents or failed to apply income-level guidelines and obligations correctly.
- Missed Deductions – The court may have failed to make mandatory deductions that are to be taken from a parent’s income. These deductions include taxes, retirement contributions, and health insurance costs. If a required deduction is ignored, then the child support payment may be higher than is fair for the parent.
- Custody Mismatch – Another potential error is the court forgetting to take into account child custody arrangements. If major changes were made to a child custody order and the court fails to reflect these changes in the child support order, then that could result in a mistake.
- Procedural Errors – Additionally, procedural errors could have occurred, such as the court failing to consider pertinent evidence.
Changes in the Situation
A change in life circumstances can involve many things. One parent may have lost their job, received a raise or a demotion, or needed adjustments made to the child custody arrangement. To prove that changes have occurred for either parent, the requesting party will need to provide documented proof to the court when beginning the appeal.
Fraud or Misrepresentation
If one of the parties involved purposefully gave incorrect information before the hearing took place, including giving an incorrect income report or failing to disclose certain assets, misrepresentation or fraud has taken place. The court needs concrete evidence that fraud has occurred. Speak with an attorney who can help you gather any relevant evidence to determine whether you have sufficient grounds for an appeal.
Inadequate or Unfair Results
If you believe that the circumstances of your case were not taken into complete consideration and the ruling was inadequate for your child support needs, then you may have grounds for an appeal. Likewise, if you feel as though your child support order ruling is unfair, you may also have grounds for an appeal.
Child Support Appeals Vs. Modifications
Remember that child support order appeals and child support modifications are not the same.
Modifications
Either parent may request a child support modification if life circumstances and financial needs have changed. When this occurs, a parent can ask that the current child support order be adjusted to meet these needs. Modifications can be requested at any time.
Alterations can be made to child support orders if certain situations occur. For example, if a change in the child custody arrangement has occurred, a parent or a child has suddenly become disabled, or insurance premiums have increased, a modification may be necessary. Other reasons to request a modification include one parent losing their job or getting a job in another state, other situations that affect custody arrangements, or the arrest of one parent.
Appeals
By contrast, appeals are for situations where a mistake has been made, rendering the legal order incorrect. A petition for appeal must be submitted within a specific timeline after the original order is issued.
While evidence must be provided to prove any error committed by the court or misrepresentation committed by one spouse, new evidence typically only applies to proving grounds for appeal. Any new decision made will rely on the correct statements that should have been provided in the original hearing. Keep in mind that appeals have a much higher standard for review than modifications, which means that it is typically easier to request a modification than to convince the court not to uphold the original order without solid proof of an error.
How To Appeal a Child Custody and Support Ruling
Many of our child support clients ask how you can appeal a child support decision. Once your attorney has determined that you have grounds for an appeal, you can then begin the appeal process.
Prepare
Before beginning, it is beneficial to understand the appeal process as much as possible to give you a better chance of a positive outcome. Child support appeals can be complicated and drawn out, which is another reason to be prepared.
Before starting the process, it is also important to note several things involving your case. Consider what errors were made by the court or the judge, if applicable. Make sure that you still have time to submit an appeal according to the deadlines.
Consider whether you have substantial evidence to prove that your child support order needs modification. Ask your attorney for their honest assessment regarding your chances of being granted or winning an appeal.
Notice of Appeal
To start the appeal process, you must first provide a notice of appeal to the court. Securing the services of a child support attorney can ensure you are filing your notice in a timely fashion. They can also help you ensure that you are following all the necessary steps for filing a notice of appeal or child support appeal forms.
Continue Collecting Evidence of Need for Appeal
After giving your notice of appeal, you can then start collecting proof that supports your reasoning for appealing the original child support order. This may involve evidence such as proof of falsification or records or a legal error. Other evidence could involve financial records or anything else that gives sufficient proof that the current child support ruling is inadequate or unfair.
Create Your Legal Brief
Legal briefs will also need to be created for your case. A legal brief or an opening brief is a document that details your reasoning for appealing your child support order. These briefs are meant to persuade the court that the ruling of the original order was made in error and needs to be reconsidered.
Other information that must be included in this document is any legal errors that you believe were made during the trial or any relevant information that has surfaced after the case was finalized.
After your brief has been shared, an answering brief may be submitted as a response to yours. This can include the court’s reasoning as to why the original ruling did not contain any errors. You may then submit a reply brief, where you have the chance to refute the claims stated in the answering brief.
Oral Arguments
Finally, an oral argument may be scheduled. This is not a required step but is an option. This can be requested by either the person who filed the appeal or the party opposing the appeal. During oral arguments, both parties have a certain time limit in which they can present their side of the case in front of the Court of Appeals.
Final Decision
After the conclusion of the briefs and oral arguments, it is up to the Court of Appeals to make the final decision. It may take up to six months for a final ruling to be made. After the ruling has been decided upon within the appellate courts, a mandate will be given to the trial court, giving back jurisdiction to that court. If the Court of Appeals has ruled against the trial court’s ruling, then the Court of Appeals may give further instructions regarding what is to happen next.
Things That Can Impact the Success of an Child Support Appeal
To achieve a better outcome for your child support order appeal, you need to know what factors could hinder your success or what could make it better. The following are several things that may impact the court’s decision to grant or deny your appeal.
Sufficient Proof of Change in Circumstances
One important factor that can impact your appeal’s success is whether you have sufficient evidence to demonstrate your need for an appeal. This means that you have had a change in jobs, lost a job, have moved into a different home, or have higher living expenses than you did before. If you have proof that life circumstances have changed since the original ruling, the court may consider your appeal.
Legal Errors Made in the Original Order
When you have proof that mistakes were made while the trial was taking place, including errors made by court officials or laws being mistakenly applied to your case, you have a much greater chance of the court granting your appeal. It is especially important to consult with a lawyer to find proof of these mistakes.
Presentation of Your Case
How your case is presented and how it is organized can have an impact on your appeal’s success. If you are clearly able to demonstrate your arguments for appeal, whether due to errors or an unfair ruling, you have a greater chance of the court taking your appeal under consideration. Organization can only help you in your case as well, as the court will be better able to follow your arguments.
Do I Need an Attorney for Child Support Modification?
It is possible to pursue a child support modification on your own, but it is typically not wise to undergo the process alone.
Reduced Potential for Mistakes
It is common for civil court DIYers to make mistakes in the appeal process because they are unsure of the correct procedures and requirements. Filing mistakes, missed deadlines, and other errors could ruin your chances of appeal. A lawyer can help you correctly follow all the legal processes necessary to file a successful petition for appeal. Because child support appeals and modifications can be complicated, it is helpful to consult with a lawyer.
Skilled Appeals Preparation
The right appeals attorney will be able to assist you in determining whether you have legal grounds for an appeal and whether errors were made during the trial. They can also assist you in deciding upon the most effective strategy for your case. Having help in creating effective legal briefs may make a lot of difference in persuading the court.
Effective Courtroom and Negotiation Representation
A lawyer can also help you make a persuasive oral argument on your behalf and negotiate a settlement. As the lawyer will have prior dealings with conducting child support appeals, they will have a thorough understanding of the laws within your jurisdiction.
Consult with an Arizona Family Lawyer
The purpose of a child support order is to ensure that a child will continue to experience the financial security provided by both parents, even after a divorce has taken place and the parents no longer live in the same home. However, if a legal mistake or misrepresentation has been made that renders the order inadequate or unfair; an appeal may be necessary to ensure the ongoing well-being of the child.
If you believe a legal error has resulted in an unfair or grossly inadequate child support order and you are facing an appeal, don’t navigate the process alone. Contact The Valley Law Group to schedule a consultation with one of our family law attorneys and learn more about how we can assist you with your case.
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
Read More About Jonathan Roeder