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Appeal of c/s de novo circuit court modification hearing

Started by Eeyore, Jan 10, 2005, 12:36:47 AM

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Eeyore

CAN A DE NOVO CHILD SUPPORT MODIFICATION  ORDER FROM CIRCUIT COURT BE APPEALED TO THE COURT OF APPEALS BASED ON THE FACT THAT THEY DID NOT CONTACT ME AND/OR THE FACT THAT THE JUDGE DID NOT USE ANY PAPER BASIS, TAX RETURNS, FOR THE X's SELF EMPLOYED INCOME??

There was a de novo hearing that the X appealed the original hearing to and it was heard in the Circuit Court in Oregon.  I live in WA so it was a telephone hearing. They could not contact me via telephone and therefore the hearing went on without me. I was sitting right at my desk at home, however, somehow the call did not go through.

In the hearing the X's spouse testified as to the X's income and the Judge accepted it.  The X did not submit and tax returns to me or the court to the best of my knowledge to date.  

The previous c/s hearing had the X's income at $4,500 and this Judge allowed the X's income to be $2,200.  My income is at $58,00 by way of paycheck stubs and tax returns.

And yes, of course I plan on hiring an attorney to do the appeal. I have requested the written transcript from the court.  

Eeyore

Oops.  The X's income is $26,400 as a self-employed attorney for seven years.  

socrateaser

>Oops.  The X's income is $26,400 as a self-employed attorney
>for seven years.  

Wow! Making that kind of money, she ain't ever gonna pay off her student loans.

Eeyore

HOwever her income, before deductions, is $6,000 per month.  The judge allowed the spouse and secretary to 'testify' as to what the expenses were ..... how can they take someone's word about that?  Aren't they required to see tax returns as proof of income for the self-employed? She bought a new car two years ago, and I am sure that alot of the misc deductions is for depreciation, plus unreasonable office expenses.  

You are saying that isn't appealable? That she allowed to doctor up the books like that??  THat is very bad.

socrateaser

?You are saying that isn't appealable?

No, I'm saying that there's no need to appeal because you have far cheaper options. Apparently I misunderstood your last post, i.e., I thought it was your income that was in dispute, but it's hers. So, move for a new hearing on grounds that you were deprived of your due process right to appear and defend for reasons beyond your control, and further that you were entitled by law to discovery of the tax returns of the other parent, and they were not produced, prior to, or at the hearing.