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CAN I APPEAL CHILD CUSTODY, CHILD SUPPORT, OR ALIMONY DECISIONS?

Going through the divorce process is a difficult time in anyone’s life. A judge makes decisions in court surrounding various issues, such as child custody, child support, alimony, division of assets, and visitation. Judges impartially determine these outcomes by utilizing the information and evidence provided to them by attorneys and the parties involved. However, what if you disagree with the judge’s pronouncements? Is there anything you can do? Today, we will discuss this topic and answer the question, “Can I appeal child custody, child support, or alimony decisions?”

How Many Times Can You Appeal a Child Custody Case?

how to appeal a child custody decision

Most legal jurisdictions in the United States allow parties to appeal a court decision if they feel the judge made a mistake in his or her ruling. In family law matters, courts expect judges to arrive at their verdicts based upon the best interests of the child or children involved in the divorce. Recognizing that judges are humans capable of making a mistake, courts allow limited appeals of decisions.

The child support appeal process in New Jersey provides some limited options for this avenue of recourse. After the judge issues the ruling, New Jersey law allows 20 days for the party to file a motion for reconsideration. Great, but what if you don’t like the reassessed judgment? How many times can you appeal a child custody case?

How to Appeal a Child Custody Decision?

Whether dealing with child support or child custody, your motion for reconsideration needs to address the error you believe the judge committed when ruling on your case. The higher court reviewing your appeal will be looking for a mistake made by the judge in your case, either related to the law itself or regarding the facts of the case. Your appeal will not be successful solely upon you not agreeing with the decision. You must demonstrate some form of judicial error. The law allows a 45-day period to file an appeal to a reexamination dated from the entry of the judgment.

can you appeal alimony

Can You Appeal Alimony?

While child custody and child support are usually the primary concerns, alimony is another topic many people oppose. Can you appeal alimony? Yes, you can appeal decisions surrounding alimony and other financial issues, such as division of assets. This appeal must still occur within the deadlines above, but even they have exceptions. If one spouse discovers that the other party hid assets; misrepresented the value of assets; or committed fraud, a court may still reconsider the ruling outside of the 20-day window specified in the law.

Start the Appeal Process with an Adept Attorney

Do you disagree with the ruling of a judge in a case involving child custody, child support, or alimony? You need to enlist the services of an experienced and professional divorce attorney to appeal the decision and get you the resolution you deserve. The Law Offices of James C. DeZao has a full team of attorneys who can answer your questions and assist you through the entire legal process. Call us today at (973) 358-6134 for a free consultation and begin the process of securing the best situation for you and your children.

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