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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My daughter finished a trial for divorce and child custody,

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My daughter finished a trial for divorce and child custody, with no court reporter in the room. We were told we could not appeal. What does that mean.

Thank you for your question. Please permit me to assist you with your concerns.

If your daughter was told she could not appeal, that means that the decision is not able to be modified or overturned by a higher court. For example in cases of divorce, a person can either be married OR be divorced. Once marriage is dissolved and a dissolution ordered, that order itself cannot be appealed because that decision is deemed to be irrevocable. If the parties want to be married, they would need to formally reapply for a license and pursue a wedding ceremony all over again.

Good luck.

Customer: replied 3 years ago.


What does it mean that there was no court reporter. Can she go back and retrial the child custody?

Kathy,

There is no requirement that a court reporter was not there. It simply means that the decision was not potentially formally placed in record. But it does not in any way invalidate the order. No, she cannot go back and retry the child custody --when it is without an appeal, that portion likewise cannot be appealed. Your daughter would be able to seek a modification sometime later, usually about a year after this order was put into place, if there is a basis to seek a modification or an amendment to terms.

Good luck.

Customer: replied 3 years ago.


How do they determine child support, do they go back to when they first separated, or does it start with the parenting plan that has been put in place at trial?

Kathy,

Child support is based on percentage of the custodial split and income of both parents. It is based not on when the parties separated but on when the custodial order was ut in place, since that is when the terms of the custodial agreement become final and binding--then the calculation can finally take place. So it starts with the parenting plan.

Good luck.

Customer: replied 3 years ago.


She was married for 7 years, alimony was not covered at trial. What does that mean.

Kathy,

That means that your daughter will not receive alimony. If it was not requested or ordered, your daughter will not receive it. Alimony is never an entitlement, it has to be requested, evaluated, and then ordered by the judge. If the parties do not request it, it is not granted.

Good luck.

Customer: replied 3 years ago.


Who does the calculations of the child support, when will my daughter find out the results of it.

Kathy,

Typically the courts calculate child support once the custodial order is put in place. That amount should have been provided to her at the judgment, and if that did not occur, she should end up receiving the calculation sometime later in the mail, along with the final signed decree.

Please be well and good luck to you. My apologies but it is quite late here and I will be retiring to get some rest. If you have any additional questions, I will respond to them when I wake up and log back online sometime in the morning. Please take care.

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