appeal or modification?

[ambroshaa]

I will try to make this as brief as possible. Everything was agreed including property and financial matters in court. I am fine with that decision. What the judge decided on was custody and child support. I wanted full custody and so did my ex. She was awarded primary custody to the ex with me having them during her working hours, and 1/2 of all evenings, but only 6 overnights. This places me with having them a considerable amount of more time than her, but it was not issued as 'shared parenting' so I am ordered to pay support. The problem with that is the judge wrote in the wrong amounts on the support worksheet. Making the amount I pay 500 higher a month based on Standard alternating weekends, she did not even considering how much time the children spend in my care. The wording in the decision was based on hearsay and not the actual documents that were submitted, such as income. The problem I have with this is that I will be continuing to pay my ex a huge sum of support for the kids when she won't even be with them or paying for childcare for them and she makes more than I do. When her lawyer wrote up the final decree she added words and things that the judge did not say. Example; judge said all minor children of each of the parties shall be beneficiaries of life insurance. The decree was changed to say only the two children we have together are to be beneficiaries and no other children. I have other children from a previous relationship and she does not want them included in any policy. There are enough mistakes to file an appeal but I hear that appeals are not winnable and no new evidence can be brought into an appeal. A modification seems it might better suit my needs. But with a modification will the support get adjusted to the right wage amounts (the child support has been based on the wrong wage amounts for almost two years, after an order was filed to change it the judge said it would all be taken care of in the decision)? Will they actually back date like the temporary order states? Or will everything start over since the judge did not order to change the incorrect amounts (that were proven with pay stubs she even looked at on record!) with a modification? Has anyone been through an appeal and won or a modification and won? I am hearing that an appeal could take years and a modification only months. It all seemed pretty basic since tax returns and pay stubs state how much each of us make, but the judge made up her own numbers that were tens of thousands the actual figures.

[Fatheroffour]

In most states child support is calculated based on overnights and not time spent with the kids. Do you know for sure if that is the case in your state?

[ambroshaa]

In my state it is based on the hours or at least that is what my lawyer told me. But it seems my lawyer is pretty up in the air about everything anymore.

[ambroshaa]

or should i try and file a motion for relief because of all the mistakes?

[dadmisseskids]

In my state it is based on the hours or at least that is what my lawyer told me.

New Jersey is the same way.

I hear that appeals are not winnable

That's not true. Are they hard to win? Yes. Not winnable. No.

no new evidence can be brought into an appeal.

That is correct. You can only use the evidence submitted at the trial but people submit other documents that weren't admitted into evidence. The appeals court should give those documents zero weight and I wonder if that actually happens or not.

Has anyone been through an appeal and won

My ex took our custody case to an appeal and lost.

The problem with that is the judge wrote in the wrong amounts on the support worksheet. Making the amount I pay 500 higher a month based on Standard alternating weekends, she did not even considering how much time the children spend in my care.

Need more information. The way I understand New Jersey domestic relations laws, you can spend 11 hours with your kid and get zero credit for it. In addition, you can spend holidays with your kid and get zero credit for it as well. The guidelines are silly because if you weren't given Labor day and you spend it with your kid, you get partial credit. You get credit for variable expenses and not fixed expenses. Again, that's NJ so I don't know if your state is different. If the amount the judge put on your order is actually a $500 difference, it's 100% clear and you can prove it with the evidence you submitted, I would recommend to file an appeal. Not sure about your state's laws but in some states you can file a motion for reconsideration or clarification to point out the error to the judge and this starts the clock over on the deadline to file the appeal. You'd be paying $6000 more a year with this error alone so that would seem worth it to file an appeal.

[Soto]

modification is probably your best bet, especially if you are like me, meaning you represent yourself. however, making a modification will not allow you to correct the previously addressed issue where claculations were made incorrectly. it will only correct the matter from the date you file the modification, but should be faster and easier as you have heard. my opinion is based on my own experience, with very similar circumstances. I, too, had to eat it on the prior mistakes. You already paid it, you dont't every get it back, is what i have learned, therefore, peace of mind and your time is worth more at htis point.

[Groundhogday]

In WA state you could file for a "reconsideration" if you are within 30 days of the judgement. Given the nature of the errors, that might be the way to go. A modification would also work, but at least in my state you usually have to wait three years to file for a mod.