Why can’t I appeal my child support obligation?

Bowers v. State of Florida, Department of Revenue

Why can’t I appeal my child support obligation?

Lawyers, and clients, are constantly reminded of the importance of presenting evidence in court. If an issue is important to you, make sure to inform your lawyer of all the facts and circumstances surrounding that issue so your lawyer can properly advocate for your position.

For instance, if you have already paid some amount of child support and you do not tell your lawyer, your lawyer will not have all the facts he or she needs to ask the Court to give you credit for the child support you have already paid.

In plain English, if your lawyer does not present specific facts to the Court at the trial level, you cannot appeal any orders entered by the Court on the basis of those facts.

The Appellate Court is there to determine whether the lower court entered an order in error, not to consider new evidence (evidence that was not presented at the trial court level). So remember: leave no fact unturned; tell your lawyer all the facts – lawyers: get all the facts into evidence.

In plain English: the trial court is the Circuit Court in child support cases.

Recommendation: hire a lawyer skilled in presenting evidence so as to preserve a proper record at the trial court level; in case you need to appeal – then: hire an appellate lawyer.

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