Alimony, or spousal support, is a payment one spouse might have to provide to the other during or after a divorce. In New Hampshire, it is possible to appeal an alimony decision if you have a valid reason to believe that the court made an error in its ruling.
The court decides the amount and duration of alimony based on several factors. If you believe that there is an error in these factors, or the decision stemming from them, then you have the right to take action.
When can you appeal an alimony decision?
To appeal an alimony decision, you must believe that the court did not apply the law correctly or that there was an abuse of discretion in determining the alimony award. Common reasons to appeal might include mistakes in calculating income, a misunderstanding of the financial circumstances or a failure to consider key factors such as health or future earning potential.
What is the appeal process like?
An appeal is not a second trial, and new evidence or testimony is usually not allowed. Instead, the appellate court will review the original case records to determine if the lower court made an error in applying the law. If the appellate court finds that a mistake occurred, it may modify the alimony decision or send the case back to the lower court for a new decision.
The process of appealing an alimony decision must follow strict deadlines. You must file the appeal within 30 days after the court issues the final divorce decree. Missing this deadline could result in losing the right to appeal.
Appealing an alimony decision can take time and does not guarantee a favorable outcome. However, the appeal process does provide a valid way to challenge the original ruling. It is important to carefully consider the likelihood of success before pursuing an appeal, as well as the financial and emotional costs associated with the process.
