Appeal after Mod Case

[ice5146]

What is the name of your state? FL

I'm NCP waiting on decision of Trial Court for Mod of Custody case where I moved to gain primary residential custody from ex-husband.

If the Trial Court finds for my ex and he retains custody, I'm ordered to pay retro'd increased support in which I will be in arrears over 27k. This is because I filed a Motion for Contempt in Apr 2004 and he Countersued for Increased Support. At that Hearing, the Judge said ex had no prejudice for the increase and therefore ordered the Motion for Increased Support be put on hold until my Final Hearing for Mod of Custody. That Hearing didn't end up being until Apr 2005.

If I lose this Mod case, my support will then be increased by 1750.00 per month including the additional 10% towards Arrearages. If I am able to Appeal, am I required to pay the increase and amount towards Arrearages BEFORE the Appelate Court hands down their ruling or is this increase postponded until that date?

 

[Zephyr]

Well once the order is handed down, that is the order, regardless of if you appeal or not, so sure they may not come after you for contempt during the appeal process but you would be sliding further into arrears every month, at the rate of almost 2k per month it will be unmanageable in a short time.

 

[ice5146]

With that being said, if I lose the Trial Case and immediately begin paying the increased amount and then win the Appeal, do I get reimbursed the money I'm paying for the increase?

 

[LdiJ]

With that being said, if I lose the Trial Case and immediately begin paying the increased amount and then win the Appeal, do I get reimbursed the money I'm paying for the increase?

Unfortunately...that is where is gets complicated...and potentially unfair.

A safer option might be to put the increase into an escrow account.

You have too much money at stake here to not have a good attorney. Hire one...NOW.

 

[ice5146]

Oh I have an attorney, I'm the one who filed for Mod of Custody. It's just been over 2 years since I filed and almost 7 months since Final Hearing. It's very very weird that this is taking so long. So I assume requesting the Escrow is common and shouldn't be a problem during the Appeals process if this is necessary?