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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114029
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Educator only..." I was at court and the court

Customer Question

For Law Educator only..." I was at court and the court increased spousal support since my ex had exhausted her temporary disabilty insurance. The increase isw almost 2x, and he judge asked my exto look for a job or apply for state or federal disability
if she is permanently disabeled. The ruling is unjust since I cannot afford the increased support and the judge ignored my plea, wha course of action do I have since I cannot afford the payment
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If he has increased support and your financial documentation submitted to the court proves you could not afford that yet the court ordered it anyhow, you now need to file an appeal to the appeals division and you need to explain in your appeal that the judge abused his discretion in awarding higher support than you could afford. One of the factors the court is to consider in these cases is the ability of you to pay. Thus, you need to rely on a detailed financial statement to prove you cannot afford to pay what they claim you must pay.

So you start by filing a motion to reconsider in the court that issued this award and you must attach a detailed financial report to show you cannot afford what was ordered. In your motion you are going to need to support your argument with legal case law support as well in your memorandum of law in support of your motion. Together with the motion to reconsider, you also need to file a notice of appeal of the decision, because if the court denies your reconsideration, then you have to file an appeal and that means preparing an appeals brief to the appeals court with the issue, the rule from the case law and how your case issues apply to what the case law says and how the judge was wrong in ruling otherwise.

I am afraid those are your options and while I know money is tight for you, hiring an attorney on this now for the reconsideration and the appeal would significantly increase your chances of success.