Do I have legal grounds to have a judge’s ruling overturned?

UPDATED: Jun 12, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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