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cole1020
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Likelihood of winning spousal support appeal
      #698040 - 10/15/10 08:37 AM

How likely is it to file an appeal and succeed in reducing a temporary order of spousal support (Pennsylvania)? I only have another 12 days to file an appeal. My stbx husband is saying he will not sign any divorce papers for 2 years (I am assuming to prolong the time he can receive pre-divorce spousal support) Can a spouse legally prolong a divorce indefinitely to accomplish this?

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1966Gal
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Re: Likelihood of winning spousal support appeal [Re: cole1020]
      #698047 - 10/15/10 09:18 AM

Cole,

I don't think you have any chance at all of reducing spousal support UNLESS you can prove that he lied about his true income. Can you prove that?

If you can't, then what happened is your incomes were pretty much equalized, plus you recieve some CS.

If you can't prove that his income is more than what was presented to the courts, it is doubtful that you would win an appeal.

Who has to pay the marital debt? If your incomes are pretty much equal, the debt should have been split equally as well. Was it?

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The Gov cannot give anything to anyone - that they have not first taken away from someone else.


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googledad
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Re: Likelihood of winning spousal support appeal [Re: cole1020]
      #698062 - 10/15/10 10:17 AM

How likely is it to file an appeal and succeed in reducing a temporary order of spousal support (Pennsylvania)? I only have another 12 days to file an appeal.

>>>>>>> I'd bet not real good . Some motions for appeal or reconsideration need to be filed with 20 days of the date of the decision . The process is what it is , unless the trial judge made a mistake in applying the law , an appeal would be fruitless as no new information may be submitted .

My stbx husband is saying he will not sign any divorce papers for 2 years (I am assuming to prolong the time he can receive pre-divorce spousal support) Can a spouse legally prolong a divorce indefinitely to accomplish this?

>>>>>>>>> Yup . Time to negotiate if you want out earlier .

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1966Gal
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Re: Likelihood of winning spousal support appeal [Re: cole1020]
      #698073 - 10/15/10 10:40 AM

2 years isn't "indefinitly." It's 2 years.

Do you have a lawyer. What is your lawyer telling you?

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The Gov cannot give anything to anyone - that they have not first taken away from someone else.


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Miranda
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Re: Likelihood of winning spousal support appeal [Re: cole1020]
      #698132 - 10/15/10 04:25 PM

CANT YOU just file a motion to reconsider? I think that is easier than an appeal. My ex did that a million times. He never won, but he did it all the time, after every judgement.

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cole1020
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Re: Likelihood of winning spousal support appeal [Re: 1966Gal]
      #698154 - 10/15/10 06:23 PM

I do have a lawyer. I have e-mailed him several times and he says his is going to speak with my stbx's atty. He hasn't gotten back to me yet, meanwhile the clock is ticking.

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cole1020
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Re: Likelihood of winning spousal support appeal [Re: Miranda]
      #698155 - 10/15/10 06:25 PM

[quote]CANT YOU just file a motion to reconsider? I think that is easier than an appeal. My ex did that a million times. He never won, but he did it all the time, after every judgement. [/quote]
Miranda...what is the difference? The order says if I want to file "a hearing de novo" I have until October 27.


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cole1020
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Re: Likelihood of winning spousal support appeal [Re: 1966Gal]
      #698156 - 10/15/10 06:27 PM



I don't think you have any chance at all of reducing spousal support UNLESS you can prove that he lied about his true income. Can you prove that?

No

If you can't, then what happened is your incomes were pretty much equalized, plus you recieve some CS.

If you can't prove that his income is more than what was presented to the courts, it is doubtful that you would win an appeal.

Who has to pay the marital debt? If your incomes are pretty much equal, the debt should have been split equally as well. Was it? [/quote]

We both filed for bankruptcy


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googledad
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Re: Likelihood of winning spousal support appeal [Re: cole1020]
      #698168 - 10/15/10 09:23 PM

Many Pennsylvania county courts employ attorneys or other trained individuals to act as support hearing officers, conciliators, custody mediators, and support and equitable distribution masters. These hearing officers, conciliators, or masters often act as the initial decision-makers in support, custody and equitable distribution cases. If a party does not agree with their decision, the party can file exceptions or an appeal and request that a trial judge decide their cases.

A "de novo" hearing starts from the beginning with testimony and evidence from the parties and the judge will rule on the issues . If you disagree , you can file a Motion to Reconsider , a request to the trial judge to re-examine the evidence with arguments why the decision is incorrect , or appeal to a higher court .

The danger , the evidence may show his income as lower than the hearing examinier used and you receive less CS or pay more APL .

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1966Gal
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Re: Likelihood of winning spousal support appeal [Re: googledad]
      #698331 - 10/16/10 06:55 PM

Good point, Google. Cole, that is another risk you run. Looks like there are some tax returns out there that show that after expenses, he really makes nothing - signed by you. You'll not only need to prove he makes more than $36k, but you also better be sure he can't prove he makes less, or you could see an increase.

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The Gov cannot give anything to anyone - that they have not first taken away from someone else.


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googledad
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Re: Likelihood of winning spousal support appeal [Re: 1966Gal]
      #698430 - 10/17/10 12:22 AM

She already said ( in her other post ) that 34k was the gross receipts from the business , business expenses produced a net loss .

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Careful. We don't want to learn from this.


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