New York City Family Appeals Lawyers

Successful Appeals Start with Experienced Legal Representation

An appeal in a New York family law case or a divorce is a legal proceeding where New York family law attorneys represent a party wishing to have a decision reviewed by a higher court. In New York, most family law cases are heard by the Appellate Division of the New York State Supreme Court.

The job of the Appellate Division is to review the decision of the trial court and determine whether the correct law was applied, and procedures were properly followed in rendering its decision. New evidence will not be considered or even submitted – it is purely a dispute over the trial court judges application of law to facts. This makes it incredibly important that you retain a team of highly persuasive attorneys capable of framing the issues and laying out your justification under the law.

What Kind of Family Court and Divorce Decisions Can You Appeal?

You should not appeal an order or decision simply because you do not “like” the outcome. Successful appeals must have a legal reason, usually an incorrect application of the law to the facts by a trial court judge. To raise an issue on appeal, that issue must have also been objected to during the trial. By objecting to something, it lets the judge know that you disagreed with something and your disagreement then becomes part of the court records. Some family court decisions you can appeal include:

• Child custody
• Child support
• Spousal support
• Equitable distribution
• Counsel fee awards

If you believe there was a mistake or the judge did not apply the law fairly during your family law or divorce proceedings, speak with our New York appellate attorneys at Berkman Bottger Newman & Schein LLP as soon as possible. A notice of appeal must be filed within 30 days of entry of a trial court order. If you miss that deadline, you lose your opportunity to appeal.

What Are the Possible Outcomes of an Appeal in New York?

1. Reversal. This means the court decides the initial decision in your case was wrong and the decision is vacated.
2. Remand. The Appellate Division sends your case back to the lower court to be heard again.
3. Affirm. The first decision of the lower court is held to be correct and your decision stays the same.
4. Modification. The Appellate Division can change a part of the initial decision, and leave the rest as is.

You should also know that filing an appeal does not put an automatic hold on a trial court order. If you want to put a court order on hold while an appeal is pending, speak with a New York family law attorney at Berkman Bottger Newman & Schein LLP who can file an application for a stay, which is when the court delays putting an order into effect for a short time.

How Long Will I Have to Decide if I Want to Pursue an Appeal?

Whether you need to file a notice of appeal or a motion for permission to appeal, you must file within 30 days of receiving the notice of entry of judgment in your case. This is a hard deadline meaning if you miss it, the court has no latitude to grant an extension and you will lose your right to appeal. The sooner you sit down with one of our attorneys to discuss the pros and cons of your appeal, the better your position will be to make an educated decision.

How Long Will My Case Be Pending on Appeal?

Receiving a decision on your appeal can take anywhere from several months to more than a year. If the decision you are appealing deals with a time sensitive financial issue such as child support, you need to weigh the cost of the appeal versus the potential savings based upon the length of time you are under an obligation to pay child support. If it takes a year to receive a decision and your child support payments would naturally end within that time, you will need to determine whether an appeal will be beneficial.

What Is the Status of My Order During the Appeals Process?

The court to which you are appealing has the authority to stay all proceedings to enforce the order pending an appeal or determination on a motion for permission to appeal. Your attorney will be able to discuss the specifics of your case and how to proceed once the appeals process is underway.

What Happens if a Problem Arises in My Case During the Appeal?

Just because your order is on appeal does not mean life stops and that problems will not surface affecting your family law case. How and to what extent those issues can be dealt with will largely depend upon whether there is a stay in place. Discuss these concerns with your attorney to better determine how you want to proceed.