Preserving rights of appeal

[Darryl]

To recap, this is in regards to a case I posted regarding my trial of Nov. 23rd.

Judge (in chambers pre-trial) stated I could pay guideline support and half of college in Missouri or a slight reduction and pay 75% of college. He finally ruled on the case and unbelievably reduced my child support a whopping $400.00 a month below guideline and ordered me to pay 60% of college. I am ecstatic to say the least. Biomom's money-grab was unsuccessful. Basically overall the cost to me still averages "guideline" even including college.

There was one error on the judges part that is absolutely reversible in that he denied my child support abatement for the fall semester due to biomom failing to meet statutory reporting requirements. This is supported by appellate case law. It isn't however worth pursuing since child support is now only $250.00 a month and retroactive to last summer. The four month abatement I requested would now only amount to $1000.00 and is not worth pursuing.

My question results from the fact that biomom will hit the roof when she learns of the judgement. She was 'convinced' she would get $700.00 a month CS plus 75% of college paid by me. This is what she asked for at trial. (Daughter lives at college).

I doubt there would be any merit to the issues she might appeal because the judge has great latitude to rule on CS amounts and college costs and mothers own testimony revealed daughter spends little time actually in her home. Appellate courts seem to generally avoid this issue unless the ruling is grossly in error.

I would rather not file an intent to appeal (to preserve my rights) because that might 'rock the boat'.



1. If she files a timely appeal to pursue her issues (if any), will I then be afforded the opportunity to cross-appeal because of her appeal or have I forever lost my chance?

Thanks again Soc!  :)

[socrateaser]

>1. If she files a timely appeal to pursue her issues (if any),
>will I then be afforded the opportunity to cross-appeal
>because of her appeal or have I forever lost my chance?

You just stumped the band. I really don't know, without searching the MO rules of appellate procedure, but, I'm "guessing" that if you want to raise your own issues on appeal, that you need to file timely notice, as well.

The actual notice of appeal is usually a very short document, one or two pages at most, so you could write it up and just have it waiting, and if you get notice from the other party, then you just run down to the court and file your notice.