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Appeals FAQ. The Q & A
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The short answer is yes, and this assumes that judgment is final. In the case of equitable distribution, if the lower court—that is the trial level family law judge—committed some legal error in determining that an asset was marital, but the evidence showed that asset had non-marital components, there may be an appealable issue within that final judgment. If the appeal is a dispute over which facts the trial judge should have considered or should have rejected, on the other hand, that appeal could be generally weak, with some exceptions. It’s helpful to consult with an appellate specialist to review together the specifics of the final judgment to help make that determination.
If legal error in determining child support regarded a parties’ income, in the party who pays the medical insurance or daycare costs, in educational expenses or extraordinary expenses, those are potential issues for appeal. Also, there is a potential issue for appeal in cases where the trial court may have ordered a deviation in child support, but the evidence does not support a deviation either upward or downward in the child support payment.
If the trial level family law court committed legal error in determining a party’s income or how the alimony was classified or how child support was calculated, there may be an appealable issue within the final judgment. These present potential appellate issues within that final judgment of dissolution that an appellate specialist can review in a consultation.
