Legal Question in Family Law in California
appeal judge's findings and rulings
I am told, In order for a successful appeal or overturn of a judge's rulings, ''no evidence'' can exist to validate his ruling/findings. As far as discretionary rulings, how does this hold true? For Example: my ex agreed to continue making my car payment postseparation because I was on disablility and not able to make the payments myself. He was not making any other support payments. As agreed to upon getting a support order to make spousal support, he discontinued making the car payments. I began making my own payments with the support order. Now the judge is granting him reimbursements for payments and 1/2 the value of my car. The total of this ruling equals the total value of my car. Does this fall under abuse of reimbursements?
1 Answer from Attorneys
Re: appeal judge's findings and rulings
It is difficult, if not impossible, to evaluate a judge's rulings without a transcript and the evidence that is before the judge. If you call my office for a free telephone consultation I can let you know what is needed to evaluate your case. You do not need a local attorney as no evidence is produced in the trial court and the appeals court goes only on the record of the trial court. Good Luck, Pat McCrary