Appealing a Modification Order

insurance coverageThings change. Circumstances change. If after a period of time after you divorce, your situation has changed, you can apply for a modification of orders.

Often orders which may have been previously entered by the Court will have to be modified over the years to deal with the changing circumstances of the family. If they do, a stipulation (agreement) may be drafted, signed by the parties, and submitted to the Court to effect the modification.

If your orders have been modified and you don’t agree with that modification, you can file an “appeal.” An “appeal” is a request to have a higher court change or reverse a judgment of a lower court. The appeals court will look at the evidence that was presented to the trial court to decide whether some legal error was made.

When you appeal, the entire case is reviewed by a higher court. The appeals court will look at the evidence that was presented to the trial court to decide whether some legal error was made. An appeal doesn’t allow you to re-do your trial. You won’t be able to submit new evidence. The appeals judge will only look at what you submitted to the trial judge. Depending on what the appeals court decides, it can set aside, confirm, or modify the trial court’s judgment and could even order a new trial.

Obviously, this process and be lengthy and expensive. Before you launch into an effort, you should have a discussion with a qualified attorney.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.