Sapulpa Child Support Appeals Lawyer

Few non-custodial parents are happy about paying child support, but that doesn’t necessarily mean you can appeal the court’s decision regarding your payment obligation. Filing an appeal is a complex process that requires the help of a Sapulpa child support appeals lawyer.

Trust Bundy Law

The team here at Bundy Law is comprised of experienced legal professionals who know child support law inside and out. It includes Aaron Bundy, the only International Academy of Family Lawyers attorney in the area, and other Sapulpa family attorneys qualified to handle even the most challenging child support cases. Whether you want to get your child support case appealed because you feel that you’re paying too much or you feel that your spouse is not paying enough, we can help.

Why Hire a Child Support Appeals Lawyer?

Oklahoma has the fifth-largest under-18 population in the United States. Of the nearly 900,000 children living in the Sooner State, about 34% live with single parents. This makes Oklahoma 23rd in the nation in its percentage of children living in single-parent homes. Most of these children’s custodial parents are receiving some form of child support.

If you’ve recently received a judge’s order regarding child support and you think it is incorrect due to procedural or legal errors, you can hire a child support appeals lawyer to help you file an appeal. Your lawyer can help you with everything from keeping track of strict deadlines to filing paperwork, drafting documents, and constructing arguments to support your case.

When Can You File a Child Support Appeal?

It’s important to note that you can’t appeal a judge’s child support order just because you don’t like the results. Appeals serve a very specific purpose: to rectify legal and procedural errors committed by judges during trials, in this case, regarding child support. These errors can include:

• The misapplication of Oklahoma laws or calculation guidelines
• A misconstruing of the basic facts of the case, such as each parent’s income
• The improper admission of evidence that should have been excluded
• The improper exclusion of evidence that should have been admitted
• Obvious abuse of discretion by the judge

As you can see, there is no provision made for general disagreement with the judge’s decision. If you want to alter your child support agreement and have a compelling reason to do so, you can request a child support modification.

How to Appeal a Child Support Order

You can begin the process of appealing a child support order by filing a petition in error. You must file the petition within 30 days of the judge having issued their final order in the trial court. Your next steps should include:

• Preparing the record on appeal. You’ll have to gather together all of the documents, evidence, and transcripts used in the trial court to formulate a final order. All of this information will be reviewed by the Oklahoma Supreme Court.
• File a brief. Your brief must be submitted to the court. It should explain why you think the trial court’s decision was incorrect and back your argument with legal references.
• Wait for a response. The other parent will also be able to file a brief. They’ll be able to counter your points and offer evidence to support the trial court’s decision. You may be able to submit a reply brief in response.
• Oral arguments. In some cases, the court asks both sides to make oral arguments. During this phase, judges ask you or your Sapulpa child support lawyer about the case and your brief. Use it as an opportunity to strengthen your position.
• Final decision. Once the judges have considered the briefs and oral arguments, the court will issue a final decision. They can affirm the decision, reverse it, or send it back to the trial court for further proceedings.

FAQs

How Do You Get Child Support Dropped in Oklahoma?

To get child support dropped in Oklahoma, one of two things needs to happen. You must either get a judge’s approval by showing that a material change in circumstances has occurred that precludes your payment of child support or get the other parent’s written consent to dismiss the payments. It is difficult to have payments in arrears dropped without the other parent’s agreement.

What Is the Most Common Reason for a Child Support Appeal?

The most common reason for a child support appeal is a legal error by the judge. Sometimes, judges misapply state laws and calculation guidelines. In other cases, they miscalculate income. Procedural errors, such as a failure to allow you to present evidence in support of your case, can also be considered grounds for appealing a child support ruling.

How Do You Avoid Paying Back Child Support?

The only way to avoid paying back child support is to get the consent of the other parent to dismiss any payments in arrears. You should never stop making child support payments without a modification to the court order. If you’re unable to make payments, you can hire a Sapulpa child support appeals attorney to help you submit a request for a modification to your original child support agreement.

What Are Good Grounds for a Child Support Appeal?

Good grounds for a child support appeal include legal or procedural errors. Applying for an appeal isn’t about trying to get a different outcome. You need to show that the judge made a significant legal error or abused their judicial authority, and that their action impacted the final decision. Fraud, miscalculations, misrepresentation, and other procedural mistakes can all play a role in your child support appeal case.

Your Sapulpa Child Support Appeals Lawyer

Appealing a child support order in Sapulpa is difficult. You can increase your chances of success by working with a skilled Sapulpa child support appeals lawyer. The team here at Bundy Law has extensive experience in family law appeals. We’re intimately familiar with child support appeal laws and how they can be applied to your case to get you the results you need. Contact us to schedule an initial consultation today.