This is the next post in my series on the handling of family law appeals in San Bernardino, California. My last article discussed the possible outcomes of a family law appeal. It is important to understand that winning an appeal can mean having to go through the trial process again (among other possible outcomes). It is important that you understand the possible outcomes of such an endeavor before beginning the process. In this article, I will address another important topic – why residents of our area may wish to NOT file an appeal even though they were unhappy with the Court’s rulings. If you are struggling with the decision of whether or not to challenge the Court’s decision, then contact my office today to speak with an attorney.
The first reason why families may not wish to go forward with an appeal is that challenging one issue may “undo” other parts of the Court’s ruling. Say, for example, that the Court found your income to be higher than it actually was and, as a result, ordered an inflated monthly spousal support payment in addition to child support. Appealing the finding could result in one having a reduced alimony payment but higher support payments because one’s income, for the purposes of child support, is reduced by the amount of their spousal support. This could result in one’s monthly obligations being essentially the same even though they would have “won” the appeal. When you consider the legal fees involved in challenging the Court’s decision then such a win may wind up being a net-negative for the Appellee.
A second reason for not filing an appeal is that you may have made progress in your personal situation since the trial ended. Say, for example, that the Trial Court awarded you and your ex shared custody of the children. In the time following the trial you may find that you and your ex are able to effectively co-parent. Winning an appeal, however, can result in another child custody trial which, inevitably, puts pressure on the children. It is common for parents to find that the situation they were initially awarded was far more beneficial than they thought it would be. If you believe that your current situation may be more in your interests than the Court relief you initially requested, then you may wish to not challenge the Court’s ruling.
Contact my office today to speak with a San Bernardino family law appeals lawyer. I will use your initial consultation to gain an understanding of your situation, your goals, and to help you determine the best way to meet those goals. Depending on your situation you may wish to appeal or you may decide to not do so. Call today to speak with a lawyer regarding such a decision. We also service Rancho Cucamonga, Fontana, Ontario, Victorville, Rialto, Hesperia, Chino, Upland, Apple Valley, Redlands, Highland, Colton, Yucaipa, Montclair, elsewhere in the Inland Empire, as well as Los Angeles.