Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today.
From what you've said, I'm not sure I get it, either. What did the judge say to support the finding that they're not living together? How much time has passed since the judgement was entered? And why on earth would your husband be ordered to pay attorney's fees?
If they live together, travel together and share expenses, it seems pretty clear that they're co-habitating. Even if he's just a roommate, that would mean her expenses decreased, and it wouldn't be frivolous to seek a reduction based on that material change.
Your husband has a right to appeal the judge's decision. The bar is high - it's based on whether the judge's decision is against the substantial weight of the evidence. It's hard for me to judge that without knowing what evidence they submitted, but I don't see ANYTHING that says they're not living together.
The Notice of Appeal has to be filed within 30 days after the decision is entered. This handbook has a lot of good information for people who want to represent themselves in appeals court.
Check to see if the clerk's office has forms you can use to open an appeal, if you want to go that route. It could also help to have a local attorney review all of the records and evidence that was submitted to give you a firm opinion on what your chances of success would be.
You're welcome. I hope things work out for you.
There is a risk that they'll ask for attorney's fees on appeal, too. Take a look at this article to help determine how likely a court might be to award them.