Bentonville Child Support Appeals Lawyer

Parents sometimes have the right to appeal a child support order. This occurs when the judge’s decision is somehow legally wrong or not supported by the evidence. A Bentonville child support appeals lawyer may file motions and arguments with an appellate court, asking to review the decision made by the trial court. The Bentonville family law attorneys at Bundy Law handle appeals in Bentonville and the surrounding areas. We represent complex family law cases regarding support payments and parental rights.

About Bundy Law

Bundy Law practices family law throughout Bentonville and northwest Arkansas. Aaron Bundy is one of a few attorneys in Oklahoma to be named a Fellow of the International Academy of Family Lawyers. Additionally, several attorneys at Bundy Law are Fellows of the American Academy of Matrimonial Lawyers. This distinction is granted to a small percentage of family lawyers who have exhibited superior knowledge in family law.

Bundy Law handles appeals for individuals and families involved in high-conflict family law cases. While appeals can come from various Arkansas counties, many clients come to us after their case was heard in the Benton County Courthouse. Family law cases are heard by a judge, who makes decisions based on evidence submitted by both parents.

Arkansas Child Support Appeal Laws

According to World Population Review, the average amount of child support received in 2022 was $3,801. The average income of the parent receiving support was $44,596. This equaled 9.1% of a parent’s income, typically going to child support.

Child support orders should be calculated according to Arkansas’ child support guidelines and the financial information heard at trial. It’s not uncommon for errors to occur, including miscalculations of income or misapplication of the support guidelines.

In these situations, Arkansas child support appeal laws allow parents to appeal the support order to a higher court. Appellate courts review the case record to determine whether the trial judge correctly applied the law and made a ruling supported by the evidence.

Parents often hire a child support appeals lawyer to represent them on appeal because appellate cases are determined by written briefs and the trial court record. There are typically no witnesses or testimony given during an appeal.

Hire a Child Support Appeals Lawyer

Parents have the option of representing themselves or hiring a Bentonville child support appeals attorney to handle their appeal. Attorneys who focus on appeals often have training and experience in family law.

They know what mistakes to look for when reviewing the trial court record. Because strict deadlines and rules must be followed throughout the appeals process, having an attorney can be a critical asset. They can prepare your appeal, file it in a timely manner, and skillfully present your arguments.

Common Reasons for a Child Support Appeal Case

When deciding whether to appeal a child support order, parents should understand that not every decision by a trial court will be overturned on appeal. To be successful on appeal, the parent must prove that the judge made a legal or procedural error that affected their rights. Examples of errors that could be grounds for appeal include the following:

• The judge miscalculated your income.
• The court applied the child support guidelines incorrectly.
• The judge refused to consider financial information.
• The court did not enable a fair hearing.

If the higher court finds that an error occurred, it may reverse the ruling, change the support order, or send it back to the trial court for additional hearings.

Bentonville Child Support Appeals Process

After a child support order is entered by the judge, the parent who wants to appeal the decision must file a notice of appeal.

The first step is to file a notice of appeal, which means the decision is transferred to the appeals court. The entire court record from the trial court is compiled and transferred to the appellate court.

Once the record is received, attorneys can draft documents called briefs. These briefs advise the court why the decision should be upheld or reversed. Each party will have an opportunity to file briefs.

In some cases, the appellate court may hear oral arguments from both attorneys. Oral arguments allow attorneys to summarize their legal positions in front of the judges. Once all documents are submitted and hearings completed, the appellate court will issue a ruling.

FAQs

How Much Can a Paying Parent Be Behind in Child Support Before It’s a Felony in Arkansas?

Delinquency can be charged as a felony in Arkansas, but it depends on how much support is owed and for how long. Oftentimes, nonpayment escalates to felony status if a parent owes tens of thousands, or more, in child support or hasn’t paid child support for many years. Intent may also be taken into consideration by the courts when determining punishment.

How Do You Succeed in a Child Support Modification Case?

To succeed in a child support modification case, a parent will need to demonstrate that there has been a material change in circumstances since the child support order was originally entered.

Common examples include substantial changes in income, loss of employment, increased childcare costs, or changes in parenting time. Clear financial documentation, evidence, and support that the modification is in the child’s best interests can support a request for modification.

What Can Negatively Impact a Child Support Case?

Behaviors that hurt your case can include lying about income or failing to follow court orders. Missing payments or trying to conceal assets during a child support case can cause you to appear dishonest to the judge. Because judges want parents to be truthful and upfront about finances, it is important to show that you are providing what you can by bringing accurate paperwork and complying with support payments.

What Is a Good Reason for an Appeal?

The most common basis for appealing a child support order is some type of legal or procedural error by the trial court. For instance, the judge may have: 

• Incorrectly applied the child support guidelines.
• Miscalculated a parent’s income.
• Improperly refused to consider financial evidence.

An appeal is not the proper forum to simply argue that you would have received a better outcome had your hearing been fair.

Contact Bundy Law

If you might have grounds for a child support appeal, The Bentonville family law appeals lawyer at Bundy Law can handle the legal process. Contact us today for more information.