Q: How to correct inaccuracies in child support for appeal in Nebraska?
I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one round-trip airfare when three are required. The decree was filed on February 26th, and I have a 30-day limit to appeal, but I can no longer afford legal representation. How can I ensure the correct information is included in the notice to appeal?
A: The notice of intent to appeal is not magical - it just states that an appeal is on its way. However, it will be important that fees and costs be paid, etc. so the matter is not dismissed. Nebraska has a really good citizens' guide to appellate courts here: https://supremecourt.nebraska.gov/sites/default/files/Self-Help/citz-guide-appellate-courts.pdf
A: Especially if your case when to trial, there are other methods to challenge the order besides the appeal. One of the most common is a motion for new trial. A motion for new trial goes back to the same judge that made the ruling but also gives that judge a chance to take a look at the order again and authority to change parts of the order. If gives you a chance to have a hearing and request the changes. If the judge agrees with you, the judge very well may make changes, which would then hopefully make your appeal unnecessary. Generally the motion for new trial must be filed within 10 days of the order being entered. If you do file a motion for new trial, and if done correctly, it also extends the start of your 30 days to file an appeal, giving you more time to prepare your appeal. A motion for a new trial is heck of lot cheaper and faster than filing an appeal. It might be something to look into if you are still within the time. Further, since the motion for new trial is generally just one motion and hearing, you may be able to find an attorney that would be able to assist you with this on a limited scope basis for a much cheaper fee than for assisting with an appeal.
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