Can he appeal this too?

[Mamabear91399]

What is the name of your state (only U.S. law)? New York

My x dragged our divorce out for almost 5 years (in supreme court) In the end the judge ordered him to reimburse me all my legal fees which amounted to over $100,000.00. He took it to the court of appeals, and I had no money left to bring a lawyer to appeal. I know I'd never see the money anyway. So now we are in family court and he is responsible for our childrens medical bills. My 12 yo daughter has braces which he refuses to help with financially. I have a letter of medical necessity from the orthodontist. If I bring it to family court and the judge orders him to pay or help pay, can he appeal that too?

 

[Ohiogal]

What is the name of your state (only U.S. law)? New York

My x dragged our divorce out for almost 5 years (in supreme court) In the end the judge ordered him to reimburse me all my legal fees which amounted to over $100,000.00. He took it to the court of appeals, and I had no money left to bring a lawyer to appeal. I know I'd never see the money anyway. So now we are in family court and he is responsible for our childrens medical bills. My 12 yo daughter has braces which he refuses to help with financially. I have a letter of medical necessity from the orthodontist. If I bring it to family court and the judge orders him to pay or help pay, can he appeal that too?

Yes he can. He can appeal anything quite frankly. He may not win the appeal but he has a right to appeal. A letter by the way is hearsay and is he has counsel and they object, you may find that the letter itself is not going to be admitted. Which means you bring the orthodontist to court.

 

[mistoffolees]

Yes he can. He can appeal anything quite frankly. He may not win the appeal but he has a right to appeal. A letter by the way is hearsay and is he has counsel and they object, you may find that the letter itself is not going to be admitted. Which means you bring the orthodontist to court.

Agreed. The letter may not be admissible.

However, there's a pretty good chance the judge will let it slide and/or ex will not know enough to object. I'm sure the judge is getting very upset about the unpaid legal fees as well as having every one of his orders appealed. I wouldn't count on it, but it could go either way.

OP needs to decide if it's worth the cost of bringing an orthodontist to testify. I wonder how much they charge for sitting in the courtroom waiting their turn to speak. $300 per hour? More? It may not be worth the expense if ex is not going to pay, anyway.

 

[tuffbrk]

Misto - is there any chance that the ortho can "appear" via teleconference?

 

[CJane]

I wonder what the local court rules are regarding certified medical records. It's possible that they're NOT considered heresay because they're not considered testimony, but rather evidence.

 

[tuffbrk]

Good point.

 

[Ohiogal]

I wonder what the local court rules are regarding certified medical records. It's possible that they're NOT considered heresay because they're not considered testimony, but rather evidence.

A records custodian would also be needed. Which usually is not that bad.

 

[Free_Advice]

How about a request to admit in respect to the letter?