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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 40671
Experience:  30 years as a family law lawyer .
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I am the respondent in a fl. divorce. The trial was this

Customer Question

I am the respondent in a fl. divorce. The trial was this past Friday. I am getting 1738 a month from social security and 1788 a month from the V.A. aids and attendance program. I started getting the aids and attendance last may. With everything thrown in my ex is getting around 800 from social security. The judge must have thought that I was always getting it. she ruled that we lived a middle
class life style and awarded alimony of 500 a month. I have gotten the divorce
degree yet.I have to [ay my care takers 2500 a month. I feel the 500 is
excessive and can not afford it.
Question. What do I do????
Thanks so much
ken
Submitted: 10 months ago.
Category: Family Law
Expert:  RayAnswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you tonight.

You need to check to make sure when the decree is signed , the time to appeal starts from that.

Options.

Types of Divorce Appeals

Notice of Exception to the Report and Recommendation of a General Magistrate:

This is a type of objection/appeal that can be made if your case was heard by a General Magistrate. The objection must be made within 10 days or less! If you make this type of objection, your case will automatically be scheduled for a hearing before a Circuit Judge. You cannot simply reargue the facts. Your argument cannot consist of your “dislike” for the divorce decree. You must be prepared to prove you are entitled to a change based on the grounds for appeal. All cases heard by a General Magistrate are recorded by the Court. You must get a transcript of the hearing and submit it with your objection.

You need to show why the alimony/spousal support is unfair here.

Motion for Rehearing:

This motion must be made almost immediately after an order is handed down by the divorce court. It is a type of appeal very similar to the prior paragraph. This type of objection is made if your case was heard by a Circuit Court Judge. You do not have an absolute right to a rehearing – the judge has the option of declining your request. Your appeal of a divorce ruling must be based on adequate grounds. This is a very technical subject and is beyond the scope of this tutorial on appeals. Most fail because the request goes to the very same judge that made the initial decision. But this type of motion is frequently used as an initial step to filing the actual appeal.

Appeal:

This is the type of appeal everyone normally sees or hears about. Your divorce appeal will be heard by the District Court of Appeals – a court that is higher than the trial court. This type of appeal must be initiated within 30 days of the date of the order. An appeal is the most technical type of filing. You cannot show any new evidence or facts to the Appellate Court. Everything is based on the evidence shown in the trial court. You must be prepared to show the Appellate Court the Trial Court did not follow the established divorce law. The actual appeal requires us to prepare an Appellate Brief – a 10 to 50 page technical document that details the law and how the trial court judgment did not comply with the law. Even if you win an appeal, some cases must go back to the trial court to weight the issue once again.

Motion for Relief from Judgment or to Set Aside a Judgment:

This is the only option available to you if a month or more has passed since the time of your hearing. It is also the most difficult type of relief to get. In divorce cases, the most common reason to overturn a judgment is due to your spouse hiding large amounts of assets that where not considered in the original trial. This is known as “fraud on the court.” There are many other reasons to request the court set-aside the final judgment and as everything else – it is a challenging, technical area of law.

Here you have burden to appeal this soon as you get it to make sure you are timely.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 10 months ago.

lorida Rules of Civil Procedure
RULE 1.530 MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS

(a) Jury and Non-jury Actions. A new trial may be granted toall or any of the parties and on all or a part of the issues. Ona motion for a rehearing of matters heard without a jury, includingsummary judgments, the court may open the judgment if one has beenentered, take additional testimony, and enter a new judgment.

(b) Time for Motion. A motion for new trial or for rehearingshall be served not later than 10 days after the return of theverdict in a jury action or the date of filing of the judgment ina non-jury action. A timely motion may be amended to state newgrounds in the discretion of the court at any time before themotion is determined.

(c) Time for Serving Affidavits. When a motion for a newtrial is based on affidavits, the affidavits shall be served withthe motion. The opposing party has 10 days after such servicewithin which to serve opposing affidavits, which period may beextended for an additional period not exceeding 20 days either bythe court for good cause shown or by the parties by writtenstipulation. The court may permit reply affidavits.

(d) On Initiative of Court. Not later than 10 days afterentry of judgment or within the time of ruling on a timely motionfor a rehearing or a new trial made by a party, the court of itsown initiative may order a rehearing or a new trial for any reasonfor which it might have granted a rehearing or a new trial onmotion of a party.

(e) When Motion Is Unnecessary; Non-jury Case. When an actionhas been tried by the court without a jury, the sufficiency of theevidence to support the judgment may be raised on appeal whether ornot the party raising the question has made any objection theretoin the trial court or made a motion for rehearing, for new trial,or to alter or amend the judgment.

(f) Order Granting to Specify Grounds. All orders granting anew trial shall specify the specific grounds therefor. If such anorder is appealed and does not state the specific grounds, theappellate court shall relinquish its jurisdiction to the trialcourt for entry of an order specifying the grounds for granting thenew trial.

(g) Motion to Alter or Amend a Judgment. A motion to alter oramend the judgment shall be served not later than 10 days afterentry of the judgment, except that this rule does not affect theremedies in rule 1.540(b).

Expert:  RayAnswers replied 10 months ago.

If you loose on appeal you can later on then seek modification

https://www.myfloridalaw.com/alimony/modification-of-alimony-florida/

Thanks again.