Do I have legal grounds to have a judge’s ruling overturned?
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Do I have legal grounds to have a judge’s ruling overturned?
I recently lost a family court judgement. I divorced 3 years ago. The judge, who signed the divorce, ruled that m ex-spouse was entitled to 1/2 my military retirement. The judge also ruled that my ex was responsible to apply for that entitlement. My ex did apply and started receiving 1/2 last month. A different family court judge ruled at that time that I was required to pay arrearages on my military retirement from the the of the divorce through and up to last month. This overules the order by the judge who ruled on my final divorce decree. Do I have legal grounds for it to be turned over?
Asked on June 12, 2012 under Family Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
From what you have written with respect to the adverse order against you in your marital order, I suggest that you consult with a family law attorney who practices in the area of appeals.
Whether or not there is a factual and legal basis for an appeal requires more specificity in the fact patter that you have written about for further analysis. In most appeals, the issue is whether or not there was an error in the court's decision as a matter of law and/or was there an abuse of discretion by the court in making a ruling. Analyzing such factors can be a complicated matter reserved for attorneys who do a lot of appellate work.
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