Family Law Appeals Lawyer
It is common for a material change in circumstances to occur over time after a judgment in a divorce or child custody case. People change jobs, lose jobs, move to new homes, develop new lifestyle habits for better or worse, and otherwise modify living conditions. When these changes have a substantial effect on a person’s need for alimony, or ability to pay a support obligation or care for the child, the court is charged with determining whether to modify the parties’ obligations. If the court fails to consider significant evidence or commits another form of error, then an appeal may be warranted.
AppellateLegal is an appellate law firm in Maryland that handles family law appeals. If you believe that the court made a mistake in denying a request to modify alimony, child support or custody, or if you believe the court incorrectly granted a modification, we can help. Our firm is also able to provide appellate representation if the other side files an appeal and you want to protect your rights. Contact us today at 410.356.8859.
Modification of Child Custody Appeal
An example of when a court commits error on a complaint for modification of child custody occurred in the case of Kovacs v. Brewer, 356 U.S. 604 (1958). There, the child’s mother introduced considerable evidence showing that the facts material to the court’s prior determination of custody were no longer present. In particular, the child’s paternal grandfather – who provided primary care for the child since the father was active in the Navy – fell ill with heart trouble and diabetes, and the mother’s financial circumstances had changed such that she was able to better provide for the child. The lower court denied the mother’s request to modify custody, but failed to make a finding concerning whether the changed circumstances justified a modification of custody. The U.S. Supreme Court held that the failure constituted error, and vacated the lower court’s decision.
Modification of Alimony Appeal
In Moore v. Jacobsen, 373 Md. 185 (2003), the Circuit Court for Montgomery County, Maryland entered a judgment against the ex-husband that required him to pay alimony arrears that were incurred after the ex-wife had remarried. The lower court reasoned that, although Maryland law generally provides that alimony terminates upon remarriage, the ex-husband was nevertheless required to continue paying alimony because the parties’ separation agreement provided that alimony was “non-modifiable.” The Maryland Court of Appeals reversed the decision, holding that, although the agreement provided that alimony was “non-modifiable,” it did not contain “express and clear language” evidencing the parties’ intent that alimony would continue after remarriage of the recipient spouse.
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Our firm can review your case to determine if an appeal in your family law matter is warranted. We offer competitive flat rates, rather than unpredictable hourly billing. And there are no hidden fees. After our consultation, you will know the total fee for representation in your appeal, as well our strategy to win your case. There are strict deadlines imposed by the court system for appeals. Accordingly, it is imperative that you act promptly to make sure you do not lose your rights. Fill out the contact form on this page or call us today at 410.356.8859.