If an order for child support is deemed to be too high or too low, a parent can file an appeal. Appealing child support decisions, as with all legal appeals, is a question of timing and ensuring that you have all the facts and a strong case backed by the relevant legal frameworks. If you are convinced that you have a compelling case, and your appellate lawyer agrees, you then need to go through a rigorous process that involves filing the right documents at the right time, as well as compiling a strong written argument.
The notice of appeal
The first document that needs to be filed is the notice of appeal. This short, all-important document must be filed with the superior court to let the court and the other party know that you intend to appeal the original decision. Once this paper is filed, the entire process begins. It is very important that the notice is filed in time – if it is not, then the appeal will simply not be considered.
Find your court
Before filing to appeal child support, it is very important that you first identify the correct superior court for your case. California has six District Courts of Appeals, and which one you appeal to will depend on the geographic location of the original family court where your case was first heard. Your family lawyer will be able to assist you with this, and there are also resources online that help you to locate the correct court.
Deadline to file a notice of appeal
A notice of appeal must be filed within a very strict time frame. It must be submitted a maximum of 60 days after the judgment has been filed by the clerk of the court.
How to file the notice of appeal
Your lawyer will fill in a notice of appeal (Form-APP 002) on your behalf. At least two copies of the form must be made. The original is submitted to the court, while the two copies are for yourself and the other party. One copy is then served to the other side, who must sign a proof of service document on receipt of their copy. The original notice, together with the proof of service, must then be submitted to the court clerk.
Westover Law Group is a company of family law attorneys serving Southern California. Our appellate lawyers are capable of helping you appeal child support, provided you have a strong case. Contact us to see how we can help you appeal a child support decision.