Legal Question in Family Law in Alabama
My wife and I just went through a bad divorce, and I was ordered to pay way too much money in alimony, child support, insurance, and debts. I want to appeal the judge's order, but my lawyer said that since part of the divorce decree was a judgment against me, I have to post a cash bond for even more than that amount if I want to appeal it. The judge ordered me to pay a lump sum and called it a judgment, and gave me 60 days to pay it.
He also said I have to pay the alimony every month during the appeal, even though I want to fight the amount of alimony as being unreasonable. With everything I was ordered to pay, there is no way I can also pay the alimony every month on top of it too, at least not without a pretty bad standard of living.
How can I be ordered to pay a judgment for more money than I have (her lawyer claimed I had money hidden but couldn't prove it), and be told I can't appeal it unless I put up the money first? And why should I have to pay the alimony when I am appealing that too? My lawyer doesn't do appeals, so I am not sure he is right about this stuff. He wants me to meet with some young guy in his office about the appeal, but I want a lawyer who has more experience and this appeals lawyer looks like he is in high school.
Do I have to put up the money to appeal the cash judgment part of the divorce? And do I have to pay the alimony while I am appealing it?
1 Answer from Attorneys
It sounds like your lawyer is giving you the straight story. When a judgment is made by a court, you have 30 days to ask the trial court to alter, amend or vacate its judgment. Did you do this? Have you filed a notice of appeal? You must do that within 42 days of the judgment becoming final.
Work with your lawyer in this, and understand the process. The answer to your last two questions is yes and yes.
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