Fayetteville Child Support Appeals Lawyer

Child support appeals are intended to determine whether the trial court correctly applied Arkansas law and followed the required procedures in issuing a support order. A Fayetteville child support appeals lawyer can help you determine whether the trial court’s order contains a legal error, an abuse of discretion, or factual findings that were clearly erroneous and materially affected the support determination.

Support appeals are not a retrial of the financial evidence presented below, but rather a review of the record to determine whether the trial court’s findings were clearly erroneous based on the evidence in the record.

Hire a Child Support Appeals Lawyer

Bundy Law handles family law appeals, including complex child support cases. Our Fayetteville family law appeals lawyers know appellate advocacy is different from trial practice. We focus on reviewing the record, drafting clear, concise briefs, and meeting rigorous deadlines.

Bundy Law’s Fayetteville family law attorney is experienced in appeals from divorce and custody cases. We are disciplined and thorough, pursuing appeals that can remedy legal mistakes and help protect your financial and parenting rights.

What Child Support Appeals Can and Cannot Address

An appeal of a child support order only considers if the trial court made an error in the law or procedure when it ordered support. An appeal is not a new trial where new evidence is considered, income is recalculated, or credibility is reevaluated.

On appeal, the appellate court will decide whether the appropriate legal standards were used, whether the court correctly used the child support guidelines, and whether the evidence in the record supports the trial court’s decision. Examples of errors include an improper determination of income under Administrative Order No. 10, such as failing to include all required sources of income or failing to support the calculation with findings.

Application of the Arkansas Child Support Guidelines on Appeal

In Arkansas, child support calculations are based on the Arkansas Supreme Court Administrative Order No. 10 and the income-shares model of support. Issues frequently raised on appeal include whether the trial court followed the guidelines, properly calculated the parties’ income, or made the required findings to support a deviation from the presumed correct amount.

Issues on appeal may include any inadequacies in the record to support the trial court’s calculations or any missing required findings. Appellate courts have no other record on which to review and may reverse or remand when the absence of required findings prevents meaningful appellate review of the support calculation or deviation.

How Child Support Appeals Arise in Fayetteville Cases

Appeals in child support cases in Fayetteville typically arise from divorce or child custody matters heard in Washington County Circuit Court. Many of these cases involve challenges to a party’s income or to the calculations used to determine shared parenting percentages or deviations from the guideline amount.

Appellate review is available to determine whether the trial court correctly applied the law of the state of Arkansas or erred in failing to follow certain procedures. Appellate courts must base their decisions on written records, as they do not hear live testimony; therefore, the presentation of financial evidence and trial findings becomes critical on appeal.

FAQs

How Common Are Child Support Orders in Family Law Cases?

Child support orders are common in family law actions involving children. The U.S. Census Bureau reports that in 2022, about 43.2% of custodial mothers and 33.4% of custodial fathers had a formal order or agreement for child support. This high percentage is not surprising because support obligations are often litigated in court. Consequently, errors in child support calculations can be an issue on appeal. Reach out to a Fayetteville child support lawyer to learn more.

How Often Do Family Law Cases Involve Financial Disputes?

Financial matters are often at the core of family law cases. The Centers for Disease Control and Prevention says that Arkansas has a divorce rate of about 3.0 divorces per 1,000 people, while the national average is about 2.4 per 1,000. When there are children involved, divorce often includes determinations for income, expenses, and child support.

Does Filing a Child Support Appeal Pause Support Payments?

Filing an appeal for child support does not automatically stay or suspend the child support obligation. In most cases, the current child support order remains in effect while the appeal is pending. The paying parent is typically required to continue making support payments unless the court grants a stay or modification of the order. Noncompliance with the order during an appeal can result in enforcement actions, even while the case is under appellate review.

Are Child Support Appeals Common Compared to Trial-Level Support Orders?

Appeals in child support cases are much less frequent than trial-level support orders. Many support determinations are made at the trial court level and are never appealed. Appeals are generally taken only when a party believes the court committed an error of law or procedure, such as using the wrong child support guidelines or failing to make required findings to support its decision. Mere disagreement with the support amount is not grounds for appeal.

Are There Deadlines for Filing a Child Support Appeal in Arkansas?

A notice of appeal in a civil case in Arkansas, including a child support appeal, must be filed within 30 days of the entry of the final order, unless the deadline is extended by a pending post-trial motion. If the 30-day deadline is missed, the appeal will almost certainly be dismissed for any reason. If there are any applicable post-trial motions, they can extend the deadline to file an appeal.

Contact a Fayetteville Child Support Appeals Lawyer

Child support appeals are an important area of the law. The appellate court reviews the trial court record to determine whether Arkansas law and the required guidelines were followed. The appeals process is not a forum to relitigate a financial dispute. It is limited to whether there was an error of law or procedure that affected a support order.

Our Fayetteville child support appeal advocacy team possesses the skills to protect our clients’ interests. Our team understands both the appellate review standards and the strict timeline requirements while conducting record-based assessments. Schedule a consultation today to hire a child support appeals lawyer.