Do I have chance for an appeal?

[sddad]

What is the name of your state? CA

I posted about a week or so ago and did not hear back much so I thought I would try again.

I recently went to court with my ex because she wanted to move away. We came to an agreement that our children to stay with me should she move away. The judge ordered an increase in my C/S because she is working only part time at 20 hours a week. She had a baby with her husband about 8-9 months ago and now is just working part time. My C/S doubled because of that. Should she move away her income would be imputed to only 75% of full time salary. So for now she is in no hurry to move (or she might not at all) and go back to work because of the extra C/S. Our children is 9 and 12 years old so they have no bearing on her needing to be home.

I think it is so wrong that I am liable for her working only part time and that it is so unfair. At the worse my current C/S should be kept the same as it is her own responsibility for her own child with her husband and working part time is her choice. At this time most people are back to work full time already. I would like to know if an appeal is warranted and what my chances are given my situation.

TIA.

 

[seniorjudge]

Was this lawsuit contested or settled? Or partially contested and partially settled?

Your post is unclear.

 

[sddad]

Was this lawsuit contested or settled? Or partially contested and partially settled?

Your post is unclear.

Thanks for replying. I'll try my best to clarify things. My ex initially brought up the lawsuit to move away with the children and she also wanted me to pay for her attorney's fees because she is on part time income. During mediation we came up with an agreement for her to move but for our children to stay behind with me. The issues that we disagreed on before the hearing were:

1) Attorney's fees
2) Child support amount for now and also when my ex moves away.

I asked my attorney to ask the court for the following:

1) Each to pay their own attorney's fees
2) The court to impute full time income for my ex for calculation of C/S for now and when she moves away.

As a result of the hearing the judge ruled the following:

1) Each party is responsible for his/her own fees
2) My income vs. ex actual part time income going back to when she filed (Jan 08) for current C/S computation and when she moves the calculation becomes my income vs. ex 75% imputed full time income.

As a result of this my C/S has more than doubled. I hope that helps.

 

[seniorjudge]

You need a lawyer to appeal.

Ask the appeals lawyer if the court made an error that would be helpful in an appeal.

(You can't appeal simply on the basis of "I didn't like the judgment".)

 

[sddad]

Thanks seniorjudge. With the recently ruling the court is saying that it is ok for women to have a child in a different relationship and work part time and have an increase in CS. Go figure that one out. I'll start looking around and see what comes up. Does anyone know if there is such a guideline on timeframe on an appeal?

 

[nextwife]

Thanks for replying. I'll try my best to clarify things. My ex initially brought up the lawsuit to move away with the children and she also wanted me to pay for her attorney's fees because she is on part time income. During mediation we came up with an agreement for her to move but for our children to stay behind with me. The issues that we disagreed on before the hearing were:

1) Attorney's fees
2) Child support amount for now and also when my ex moves away.

I asked my attorney to ask the court for the following:

1) Each to pay their own attorney's fees
2) The court to impute full time income for my ex for calculation of C/S for now and when she moves away.

As a result of the hearing the judge ruled the following:

1) Each party is responsible for his/her own fees
2) My income vs. ex actual part time income going back to when she filed (Jan 08) for current C/S computation and when she moves the calculation becomes my income vs. ex 75% imputed full time income.

As a result of this my C/S has more than doubled. I hope that helps.

Strikes me as a sexist ruling.

I wonder how many cases your atty will find in which this judge allowed a DAD to only be imputed a part time income because he wanted to stay home and play with the kiddies?