Q: How do you appeal a child support order when I found proof of $4000 he removed from our joint account and never replaced
We had an administrative hearing and my ex lied about a check I deposited into his account for child support. The account later became a joint account but he removed $4000 to his personal savings account that I had no access to. He claimed we both used the $5500 but I found proof after the hearing. Would this be a direct appeal or discretionary appeal?
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A: You may not be able to do anything. Evidence you found after the fact that you could have found before is not a reason to reopen a case,
A: First of all, I am not a Georgia lawyer. That being said, if you are within the time frame (according to your local/State rules), you first could file a motion for reconsideration, directed at the administrative hearing judge--detailing this issue. But beware that doing so does not affect your time frame for appeal to a trial court/appellate court--that is, perhaps the State rules do not credit the time that the administrative law judge would take to rule upon that motion--in which case keep an eye on the time period for further appeal. I'm not sure about your question "would this be a direct appeal or discretionary appeal"? I would say that this would be a direct appeal. And to your success on both avenues, if a party has committed perjury that would be an issue on appeal, but if you have the opportunity to discover this issue beforehand and you didn't bring it up then, then I would think your success on appeal would be slim.
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