07 Apr Can I Appeal the Alimony Decision in my Florida Divorce Case?
If you divorce your spouse in the state of Florida, you may be ordered to pay alimony. Alimony payments can vary based on a variety of factors, including your current income and that of your spouse.
Grounds For Appealing an Alimony Ruling
If you plan to appeal a ruling for alimony, you have to have a legitimate reason for the appeal. There are a few basis, upon which, you may be able to appeal an alimony ruling successfully. Common reasons include the discovery of new evidence, concealment of assets by a spouse, and fraud.
Be Realistic About Appealing the Family Court Ruling
Appealing an alimony ruling on any grounds can be challenging. Most courts will give the previous judgment the benefit of the doubt and the burden is on the movant to prove the legitimacy of your appeal. Therefore, the best place in which to concentrate your effort is obviously in the original court case. Once a judge makes a ruling and orders you to pay alimony to your ex-spouse, the chances of getting that ruling reversed may not be impossible, but it could prove to be a challenging endeavor.
Improve Your Chances
In order to improve your chances of reversing an alimony ruling, you should hire an attorney. An experienced Miami, Florida family law attorney, will know if there are sufficient grounds for the appeal, and how to approach the appeal if there are.
Know What To Expect
Knowing what to expect from an alimony appeal can help you know how to approach it. You do have the right to appeal an alimony ruling in the state of Florida, and your attorney can help. Although awards of alimony are appealable, the trial court’s decision will not be overturned in the absence of an abuse of discretion (see Sisson v. Sisson, 336 So. 2d 1129, 1130 (Fla. 1976)).
If you believe that something occurred in your case, that was unfair, such as concealment of assets by a spouse and/or fraud you should consider hiring an attorney to help you appeal your case.
Have any other questions about appeals in your Florida family law case? Feel free to give us a call at +1.786.309.8588