If a family law ruling does not go your way, do you have any recourse? Sometimes you do. The state of New York does have a process for appealing a family law decision. If you need help fighting for a divorce or child custody agreement that is more fair, a Suffolk County family law attorney from our firm can help you.
How Can I Begin Appealing a Family Law Decision in New York?
When a family law decision is handed down, you may not be happy with it. Maybe you believe that you should not have to pay so much in spousal support. Perhaps you think that you should have custody of the kids more often. Whatever the case may be, you may have the option of appealing a family law decision in the state courts.
The first step is to file a Notice of Appeal with the court. You must do this within 30 days of the original judgment. Your lawyer can handle this step for you and make sure that you do not miss the deadline.
Now you cannot just say that you want to appeal the decision because you do not like it. Generally, you have to show that there was an error in the original court proceedings. The law was misinterpreted or some kind of error in the decision-making process occurred. If the New York Supreme Court Appellate Division sides with you, they can decide to:
- Modify the decision
- Reverse the decision completely
- Bump you back down to a lower court
What is the Difference Between an Appeal and a Stay?
You may also need to file a stay when you are filing an appeal. The appeal tells the court that you believe the original decision to be wrong, but it does not block it from going into effect. So if you disagree with the order about child support and appeal it, you will also want to file a stay. Otherwise, you will have to be bound by that order that you think is wrong or unfair. If you only file an appeal and ignore the order, you can get into a bit of trouble.
What Kinds of Family Law Decisions Can Be Appealed?
Our attorneys can help you appeal a few different types of family law decisions. We can help you try to reverse or modify decisions concerning:
- Child custody
- Child support
- Distribution of property
- Spousal maintenance or alimony
If you really believe that the court got things wrong the first time, appealing a family law decision can be the best way to protect yourself, your assets, and your family.
Schedule a Consultation With Our Team
If you want to learn more about your options, contact Peter V. Mandi & Associates and schedule a consultation. Our family law firm is ready to assist you.
