Appeals and Motions

If I am ordered to pay child support or spousal maintenance, and I appeal the ruling, do I have to pay child support or spousal maintenance while the appeal is pending?

Yes. Child support and spousal maintenance do not get suspended because of an appeal. You have an ongoing obligation to pay those amounts. If the appeal changes the order, you will receive a credit for any amount you overpaid.

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How long does an appeal process take?

Typically, an appeal takes anywhere from nine to fifteen months to receive a decision.

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How do I appeal a family law ruling?

You file a Notice of Appeal in your existing case in the Superior Court. The Superior Court will then notify the Court of Appeals. You will also be responsible for getting a transcript of the trial (and any other hearings you want the Court to consider) transcribed and filed with the Court of Appeals. The Court of Appeals will notify when your Case Management Statement and Opening Brief are due.

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How long do I have to file a family law appeal?

You have 30 days from when the ruling becomes final. A ruling becomes final when no more issues are pending before the Court. But, some rulings may become appealable (regardless of whether other issues are pending) if the Court certifies its ruling under Rule 78(b). Certain post-trial motions, such as a Motion to Alter or Amend, can extend the deadline.

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How can I win my family law appeal?

Finding the right attorney will give you the best chance to win your family appeal. You need an attorney who has appellate experience. Appeals are one of the most complex procedures of the court system, and it is imperative to have an experienced attorney to help you with your appeal.

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Is appealing the judge’s ruling my only option?

No. An appeal is not your only option. And most likely, it is not even your best option. Typically, you should attempt to remedy the situation by filing a post-trial motion before pursuing an appeal.

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I received a bad family law ruling, what are my options?

You can motion the court to alter or amend its ruling, clarify its ruling, and reconsider its ruling. You can also appeal the decision. But, the clock is ticking on those options. Consult with an attorney as soon as possible to learn about your options and to determine the likelihood of success.

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