Legal Question in Family Law in California
Can you please tell me how many times is someone allowed to file an extension with the appeals court before it gets denied? My ex is refusing to pay me alimony even after the judge made his ruling ordering him to pay me. In the meantime, my ex has filed several papers with the court asking for an extension to appeal the judge's ruling which was granted him 3X thus far. He is planning on filing yet another extension with the court asking for more time to file his motions.
He's obviously doing all this as an attempt to stall the process of having to pay me.
Therefore, I'd like to know how many more times can he ask for these extensions before the court denies his requests?
Thank you.
1 Answer from Attorneys
The time limit to file an appeal is set forth by the Rules of Court. A trial court cannot grant extensions for a party to appeal something.
There are motions that will extend the time to appeal, which are filed for other matters in the trial court. Those motions include motions for a new trial, motions to vacate a judgment, motions for judgments notwithstanding the verdict (inapplicable to you) and a motion to reconsider.
I don't know where you are at procedurally, but it sounds as though you may be confused. If you have more information and need some specific guidance, feel free to contact me via private e-mail.