Legal Question in Family Law in California
My sister who is divorced from her husband has sued him for alimony payments and won the judgement. Her attorney told her that if her ex decides on filing an appeal, (which she is expecting him to do), that she will first need my sister to pay her an additional $2,500.00 in order to address his appeal. My sister told me she's thinking about asking her lawyer not to address his appeal because she can't afford to pay anymore money towards her case. If she does so, what happens in regards to her ex's appeal?
Thank you.
1 Answer from Attorneys
The fact that a party chooses not to address or respond to an appeal does not mean that the party appealing automatically wins. An appellant (the party who appeals) will still need to follow the proper procedures, and at the heart of it all, must show that the trial court made an error in a legal ruling that prejudiced the appellant. That burden is always on the appellant, and the responding party (your sister) is aided by a strong presumption that what the trial court did was correct. If she is deeply concerned, she may want to speak to an appellate attorney who has handled family law appeals.
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