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Anyone appeal a judge's ruling?

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Nature_Girl posted 8/14/2013 19:04 PM

Has anyone here appealed a judge's ruling during their divorce/custody trials? I am facing this situation now.

peridot posted 8/14/2013 19:11 PM

What happened?

Fooled Me Twice posted 8/14/2013 19:11 PM

I'm not sure if it's the same, but I filed a motion for reconsideration. The disagreement was about how far back my support should go for the arrears, as my ex paid me $0 for over 6 months. That's the very brief version, but in the end I won and got more money.

ETA: This was from our pendent lite hearing. Not sure if that matters either. My attorney filed it - his had a chance to make his counter argument and then mine replied again and the judge made the ruling within about a week.

Hope that helps!

[This message edited by Fooled Me Twice at 7:13 PM, August 14th (Wednesday)]

hurtbs posted 8/14/2013 19:13 PM

Personally I have not, but I used to work as a legal secretary and paralegal so I have seen it and worked those cases.

What's going on?

Nature_Girl posted 8/14/2013 19:18 PM

We are still battling over money and children. The money I almost couldn't possibly care about anymore, other than I'm destitute and cannot see a path for me out of this hole of poverty thanks to the strange SS schedule the judge created.

The children issue is what has me distraught and triggering wildly this afternoon. I'm almost back to an "out of body" feeling and I don't like it. My attorney says I need to appeal the decision the judge made today. I think I'm going to. I think the judge has totally abused his discretion. I paid thousands upon thousands of dollars for a parenting eval which proves my STBX is a sick bastard, but the decision the judge made blows my mind as well as my attorney's mind.

I just want to cry.

hurtbs posted 8/14/2013 19:21 PM

Big hugs

(((nature)))

That sounds so daunting and overwhelming. Listen to your attorney. Family court judge's have a lot of discretion and some of them do not exercise it will.

Hang in there.

peridot posted 8/14/2013 19:38 PM

I would do whatever your attorney suggests.

homewrecked2011 posted 8/14/2013 19:44 PM

Go for it.

Some judges are sick ass dumb asses.

I don't THINK it could be made any worse by appealing it, right?

Nature_Girl posted 8/14/2013 19:47 PM

What's really upsetting is that all along the way STBX's lawyer has successfully battled to keep any mention of STBX's sexual perversions out of any court transcript, testimony, document, evidence, letters, everything. My lawyer has argued to include these things, but the judge has always agreed to keep these things out. Can't discuss them, won't hear testimony about them, cannot enter into evidence.

You guys, my husband is a sick, sick, sick pervert!!!!!!! And part of his perversion involves young girls!!!!!!!!!!

But every ruling the judge makes turns a blind eye to STBX's sexual perversion.

WTF???????????

How is it that STBX's dirtbag lawyer keeps being so successful at keeping STBX's perversion out of the divorce & custody issues??? FUCKIN-A, I'M DIVORCING HIM IN LARGE PART BECAUSE HE'S A FUCKING PERVERT AND MY CHILDREN ARE IN FUCKING DANGER!!!!!!!!!

homewrecked2011 posted 8/14/2013 19:51 PM

(((nature girl)))

5454real posted 8/14/2013 19:55 PM

Absolutely appeal. You have several grounds from what you have stated, starting with the dismissal of the clear evidence.
Follow your lawyers advice.

Strength and prayers

Fooled Me Twice posted 8/14/2013 20:15 PM

(((hugs)))

ItsNotUitsMe posted 8/14/2013 20:16 PM

I did and they overturned the judgement in my favor. It was strictly about money nothing as serious as your sitch. But I made the mistake of originally filing myself because my lawyer said it was a no Brainer and he didn't want to take my money to file paperwork I could do myself. I hired a different lawyer for the appeal and won. I would do it. Especially since you say no one is looking closely at the case and an appeal just might do it for you

CheaterMagnet posted 8/14/2013 20:17 PM

(((((NG))))))

I am so sorry! I've been following you for a long time and I just cannot believe what has been happening to you.

I have no advice, but I am sending you strength and peace.

tesla posted 8/14/2013 20:48 PM

If your lawyer is baffled by the decision, then that tells me an appeal is in order. I just can't fucking imagine all that weird shit that guy does not being taken into consideration.

((((NG))))

Must Survive posted 8/14/2013 21:09 PM

(((NG))), in my mind you have to appeal. YOU know what a pervert he is, you are trying to protect your kids. Appeal.

LifeIsBroken posted 8/14/2013 21:12 PM

There is something seriously wrong with a judicial system that won't / doesn't want to hear all the facts when the welfare of children is in question. I also believe judges look at sitting on the bench as just another day at the office. They forget there are REAL PEOPLE involved and their decisions have a REAL impact for the people involved.

I feel badly for what's going on with you and yours. There must be a way to introduce the facts as they pertain to the pervert father. A good lawyer will care enough to find them.

homewrecked2011 posted 8/14/2013 21:23 PM

If you appeal, do you get to keep visitation the way it is for a while longer?

tryingagain74 posted 8/14/2013 21:26 PM

Ugh, N_G! I wish I lived near you and could help you out.

I'm so sorry about the decision and the additional stress of having to appeal. Clearly, you need to, but it's disgusting that the judge won't even consider your ex's behaviors.

Makes me wonder if it hits a little close to home with the judge... otherwise, how do you say that info isn't relevant when it comes to the safety of children?

(((N_G)))

stronger08 posted 8/15/2013 04:46 AM

I would contact child protection services and give them all the evidence you have of his perv behaviors. It certainly can only assist your appeal if you have a government agency that agrees with you. And if the judge does allow his to have any custody or visitation CPS certainly has the legal right to have it taken away. In my state family court is not involved in D matters. The surrogate court decides D proceedings and custody. If you feel there is a danger to your kids CPS is the way to go. Also something smells fishy with how his lawyer is able to keep such important information our of the record. Either this judge is dirty or incompetent. Bad news for you in either case.

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