Q: MY husband, had a child before I met him when she was 5 the mother took her back to her country, while still getting
child support he went back and forth to the court telling them she's not in the country and 8 times they stop the support they tell her to bring school records she never does the she waits a year and goes back to file another support order final in Feb 2018 they judge stop the order and told her she needs to bring proof that the child goes to school here and lives with her . My husband gets an email for the child passport division in D.C. saying that the child has left us. Now on July 9, the judge granted a new support order she makes 65,000 my husband make 11.00 hr when two kids one is disabled and so am I we live in Virginia. We just moved down here, the mother of the child still lives in NJ we have had a restraining order on her, she has been found quilty 8 times for lying about the child's whereabouts and but still, the court continues to file and grants it and never allows my husbands to speak. So can we take this to the appellate court?
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A: An Appellate Court proceeding is not a new trial. What your husband needs to do is to retain an experienced matrimonial attorney to make a motion in NJ based on the current realities. But child support and visitation have nothing to do with each other. Appeals statistically fail the vast majority of the time and are very expensive. From what you stated, your husband was not represented by counsel, which is a very big mistake.
A: Thank you for your question and I am sorry to hear that you have had such trouble with the court system. I think it’s important for your husband to schedule a consult with a family law attorney to talk about this in more detail. I would anticipate that there are various court orders which would be important for the attorney to review so that he/she can give you the best advice on how to prepare. Before taking this to the Appellate Division, it may even be a possibility of filing what is referred to as a Motion for Reconsideration – which would allow your husband to present all of the evidence he has acquired over the years to demonstrate what the court failed to consider the last time the child’s mother appeared in court. Being prepared in advance and filing the proofs with the court is extremely important and the attorney can certainly help your husband to prepare in this way. I hope this was helpful to you.
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