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Do the appeals ever stop?

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Bringiton posted 5/3/2014 17:03 PM

Happy Spring everyone. I feel finally like a tree starting a new season of growth , peace and happiness in my new almost divorced life and am hoping many of you are feeling the same. It's taken a long time but I can finally say " We are never ever getting back together", and really mean it with all my being.

If anyone can share their experience with me on your stbx appealing every judgement regarding alimony I would very much appreciate your wisdom.

We went to court initially and a temporary order was put in place. He appealed. While they figured out the final order he got fired from a 100k a year job. How convenient.

They came back with a final judgement of keeping the original monthly amount and didn't include rental income from his inheritance due to his current financial situation.

He has now appealed that and I go to court the end of May. He has also since losing his job become a born again Christian and tried to reconnect with our adult children and grandson. If it's him really trying to change his life awesome good for him but I see it as trying to manipulate the system and pray the court sees through the charm and bullshit. This is all within. 3 weeks time the losing the job and finding God.

I have an excellent attorney that I have complete faith in and know I have to trust the process and whatever happens is meant to be. I will be contacting him this week to try to keep the judgement as is and add the 10% inheritance when we go to court.

My stbx 's goal is to get it based on no income or unemployment. What are the chances of that happening? Right now I basically have a piece of paper and he's in arrears of $7500. So really I'm not getting anything anyway.

Any advice or wisdom would be greatly appreciated. Have a great weekend.

momentintime posted 5/3/2014 17:30 PM

He won't get zero income as his basis for alimony. It will be based on his earning potential and past history. He is dreaming if he thinks he can weasel out of this. Let him spin his wheels. Trust your lawyer. Full speed ahead, and put those shields up!

betrayedfriend posted 5/3/2014 17:37 PM

Start putting in there for him to pay your lawyer fees. And have your lawyer complain that he's just trying to avoid his obligations.

roughroadahead posted 5/3/2014 18:18 PM

Yes, eventually. If he doesn't like the appeals court ruling, he can maybe apply for reconsideration in some form, and then to your state Supreme Court. Both of these petitions are usually denied, but you would still need your lawyer to write something in response. He can certainly appeal more than one order, as long as it is a final order.

Hang in there, it is mostly an annoyance. An expensive annoyance, but probably not in serious danger of being overturned if he is appealing to get it calculated on zero. Of course, your attorney is in the best position to advise you of the issues involved.

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