Appealing a Child Support Order in Georgia Family Law Courts
Under Georgia family law, both parties in a lawsuit can seek to modify or overturn a court’s final order.
The decisions that courts make affect all aspects of a divorce case including child custody and visitation, the separation of marital property, and alimony.
You can also appeal a child support order, helping you secure an agreement that meets the needs of your child while supporting your financial wellbeing.
Understanding the appeals process helps you choose the right legal strategies to appeal a child support order. Consulting with a family law attorney is the first step to getting the outcome you want.
The Appeals Process in Georgia
An appeal is just one of the ways to review a family law court’s decision. But in order to appeal a court order, you need to demonstrate that there was some error in law or fact.
Conflicts of interest and the failure to adhere to court procedures may also be used as grounds for your appeal.
Errors in facts can occur when evidence or testimony is omitted or when certain facts were considered that should have been left out.
Failure to interpret the law correctly may allow you to appeal the court’s decision on child support.
Appealing Child Support Orders
Appealing a child support order can be a complex process that leaves both parties unsure about what to do.
Georgia divorce cases typically involve temporary orders that direct each party on issues related to alimony, child custody, and child support. These orders are enforced during the proceedings until a final order has been made.
In some cases, both parties may make temporary agreements on these and other issues. But once a final order has been established, both parties must agree to follow its terms.
If you appeal the final divorce decree, the temporary child support order will remain in place until the appeal process is completed. The final order will not be enforced until your appeal is finalized.
Avoiding Common Mistakes During an Appeal
Working with an experienced appellate attorney who understands family law is critical to your success in appealing a child support order.
An appeal doesn’t give you an opportunity to retry your case. So neither party may submit new evidence during the appeals process.
Instead, the appellate court reviews your case to determine if any errors in law or fact were made in the original court case.
There are rules that must be considered and followed when appealing a court order. Knowing how to navigate the appeals process prevents common mistakes that cause appeals to be dismissed.
You must file a Notice of Appeal of a child support order within 30 days after the divorce decree has been finalized.
The notice must outline the reasons for your appeal while providing information related to your case. Your attorney can help you gather and submit transcripts and other documents that will be reviewed by the appellate court.
Your success in appealing a court decision depends on your ability to demonstrate errors made by the lower courts. Disagreeing with a court’s decision does not justify your motion to appeal.
An appellate attorney can review your case to help you determine the best options in getting the legal outcome you need to protect you and your family.