Legal Question in Family Law in New York
Appealing a judgement of divorce
My former wife is appealing the judge's determination of child support calculations (I have my children with me 1/2 of the time) based on failure to reduce her income by FICA, failure to include value of my fringe benefits re: my income, not accounting for expenses she has on her rental (income) property, incorrectly attributing her tutoring income when she became employed full-time, incorrectly determining the payor spouse (her, however because of her work benfit of greatly reduced tution at the private school where our kids go and she works, the judge determined that she did not have to pay me child support).
How often are appeals granted in supreme court and do judge's usually change their minds?
2 Answers from Attorneys
Re: Appealing a judgement of divorce
"Tricky" 'prediction' question to try to answer, and one is puzzled: I note you mention Supreme Court, but is she appealing a determination by a hearing examiner to the family court judge?
In any event: you recite quite a bit of detail of specific aspects she is arguing on her appeal and it might be fair to generalize that IF the original decision takes into account / addresses most or all of those issues - specifically - then there is probably a better than even chance that it will be upheld. On the other hand, if the underlying decision is lacking substantial detail explaining the rationale of the decision, then it might be more likely that the decision would be sent back for a "do over".
Good luck.
J. M. Hayes
>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<
Re: Appealing a judgement of divorce
I can't predict the success of your ex-wife's appeal without seeing the papers she will submit.
In any court proceeding, always keep this in mind: Any party can ask for anything, but that does not mean they will get it. She can ask the appellate court to overturn the judgment, but that doesn't mean they will.
I hope you both have attorneys on appeal. If you do not, you really should. Everything has to be done "just so" on appeal, and it may very well be bewildering to you if you are pro se.