I have a support order that I feel is unfair, I was sent the Order with a letter saying I can appeal it, but I really don’t understand how. Can you explain?
After there has been a hearing in Family Court concerning child support, the Hearing Examiner who heard the evidence issues a written decision, with individual Findings and Facts set out. The Findings and Facts should step by step outline what the Hearing Examiner heard as evidence at the hearing.
After the Findings and Facts are set forth then the Hearing Examiner will set forth his/her written decision. This decision will contain any changes that will occur to prior orders of support, and determine if a change is necessary, when it would take effects, and how much it will be. The Decision portion will also set forth any amount of arrears owed to any party.
Once you receive the Findings of Facts and Decision, you have 30 days in which to file and Appeal or what is called “Objections to the Order”. These objections must be in writing, and must be specific to each set of facts set out in the Hearing Examiner’s Order.
An Example: The Order from the Hearing Examiner sets forth the fact that you earn $40,000.00 per year. YET you remember at the hearing giving the Hearing Examiner your W-2 from last year that clearly states that you only made $30,000.00. This is a specific objection to a finding by the Hearing Examiner, and will obviously effect the outcome of any modification of support.
The written objections must be filed with the Family Court, and with the other party to the action.
Once the Family Court has received the specific written objections, they will assign a Family Court Judge to review the Decision of the Hearing Examiner. The Family Court Judge will look at any documents submitted during the hearing, the notes of the Hearing Examiner, your written objections, the Decision, and any reply sent into the Court by the other party. The Family Court Judge will then:
– overturn the decision of the Hearing Examiner and refer the matter back to the Hearing Examiner for a new hearing, OR
– affirm the decision of the Hearing Examiner, which means the decision stands, OR
– determine that a new hearing should be held in the Family Court overheard by the Judge.
In any event during the appeal process no new evidence may be submitted to the Court. Nor will the Court hear any additional evidence. The Court will only look at the evidence presented during the hearing.
You may hire an Attorney do prepare your objections for you, or you may submit them yourself. Be precise on what your objections are, and make sure that they are filed with the Court within the 30 days.
As always this is a general answer to a general question. Each legal issue may contain other factors that need to be discussed with your own attorney.
If you have a question for Attorney Kukuvka, please mail them to her at 330 E. Main St, Palmyra, NY 14522, or e-mail at cklaw@verizon.net.