Legal Question in Family Law in Utah
Can I appeal a child support modification order which increases base support 3-fold largely based on the judge's opinion that my health/life insurance sales, recruiting and management business expenses are zero--despite a pro se presentation submiting my written statement which breaks down business expenses by category and shows a total, but lacks backup documentation.
Does an appeal hearing barr admission of additional facts such as the substantiating documentation which the judge said was needed to pursuade him re: my business expenses? I am under the impression its too late to add facts--that the appeal courts consider legal arguments only.
Would I be better off applying for an administrative child support modification via Utah's Office of Recovery Services (which currently administers my case) based on the same business expense statement plus supporting documentation instead of appealing the case through Utah's courts?
1 Answer from Attorneys
Your question requires specific knowledge of the court's order. Generally a commissioner makes an initial recommendation to a judge. If the commissioner made an adverse recommendation you can appeal the commissioner's decision to the judge - and can raise new evidence before the trial judge. If the order was signed by the judge, your appeal goes to the Utah Court of Appeals, and you cannot enter new evidence.
You can ask the judge to reconsider if you have new evidence.
If there is a signed order ORS will not oppose that order.
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