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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118709
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Petitioner's lawyer threw out an arrearage in support

Customer Question

Petitioner's lawyer threw out an arrearage in support payments during a hearing for my petition to modify child support. The judge ruled that there was an arrearage but did not order that it be repaid. Petitioner subsequently filed motion for rule to show cause which was denied but the court entered order for repayment weekly until total amount is paid. The court also ruled in favor of petitioner for attorney fees. What are my options for filing motion to correct errors?
Submitted: 1 year ago.
Category: Family Law
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 the court has now ordered repayment of the arrears and entered that order, you now have to file an appeal to court of appeals. You need to start by filing a notice of appeal to the court where the order was entered and you then need to file your appeal to the appeals court with your list of errors as to why the arrears should not have to be paid.

Together with your notice of appeal, you can file a motion to reconsider the order (most courts never reconsider, but it is an option you can use) and explain why you should not have to pay the arrears and ask the court to reconsider its order. If the court denies the reconsideration, then you have to file your appeal brief with the appeals court explaining your reasons for appeal and case law supporting your reasons for appeal.