Can You Appeal A Judge’s Ruling On Alimony?

Alimony Question:

My soon-to-be-ex is terminally ill and was ill at the time she filed for divorce. Because of her condition, I have been ordered to pay alimony and all of her bills, including some medical costs, which have a current outstanding balance of almost $50,000.

Now the judge has ordered me to take out half of my retirement to help cover costs.

Is there anything that can be done to challenge the judge’s decisions? I am going broke and now going through my retirement funds!

Answer:

I am not licensed to practice law in your state so I cannot offer legal advice on divorce. However, I can give you general divorce tips for men that may be helpful to you.

It is difficult to provide an answer to your question without knowing what type of hearing was conducted or what was contained in the order entered in your case.

Generally, you should have a right to appeal the ruling within 7 days. However, keep in mind that the orders against you may improve or get worse, depending on the new judge presiding over your appeal.

If this was a Temporary Orders hearing, you might also be able to file a Motion to Modify the Temporary Orders.

Under Texas law (where I practice), the petitioner seeking spousal support in a Temporary Orders hearing must show that the respondent can afford to pay the amount being sought by the petitioner. The respondent cannot “afford” to pay the requested amount if such payments would make the respondent destitute.  Herschberg v. Herschberg, 994 S.W.2d 273, 279 (Tex. App.—Corpus Christi 1999, pet. denied).

Again, it really depends on what kind of hearing was conducted and what exactly is contained in the judge’s orders.

Consult with a mens divorce lawyer in your jurisdiction for specific legal advice on divorce in your state.

To set up an appointment with a Cordell & Cordell divorce lawyer, including Erin E. Clark, an Associate Attorney in the Fort Worth, Texas office, please contact Cordell & Cordell.