Appeal of payments made in lieu of child support

[chitown]

What is the name of your state? Florida

My attorney filed my appeal in June of 2005. Ex attorney filed her answer {?} to to the appeal in November of 2005. Besides being a bit excessive in allowing so much time to respond, in their answer they stated items as fact that were NOT raised in the original proceeding and are 100% false. Is this allowed/allowable? Have come to the conclusion the only function my attorney is quick at is billing. lol

 

[JETX]

in their answer they stated items as fact that were NOT raised in the original proceeding and are 100% false. Is this allowed/allowable?

Of course it is. It is up to you and/or your attorney to schedule a hearing on the motion... and have your claims heard.... and defend to their claims.

 

[Ohiogal]

Actually the appeal (depending on what it is) needs to deal only with the law and facts originally presented in the case. You can't appeal facts that were not found. Was a transcript or statement of facts presented with the motion for the appeal in the brief?

 

[chitown]

Appeal documents

State : Florida

Upon our filing of the appeal in June of 2005 transcrips were provided to the appellate court. Am not sure, but dont believe (due to the cost savings approach they seem to have adopted: not that I blame them though) that transcripts were again provided when they responded in November of 2005.

Thanks for your interest!