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  1. #1
    Join Date
    Apr 2011
    Posts
    8

    Default Appeal with No Judgment

    My question involves child support in the State of: Tennessee

    Man took woman to court to reduce child support. Woman disagreed to reduction in court. Court referee (not judge) said she would sign off on judgment to reduce child support in five days, UNLESS one of the parties filed an appeal before the end of five days. Man was told by court referee to continue to pay the original amount, not the adjusted amount because there was no signed judgment.

    Man received a letter from woman's attorney stating an appeal has been filed on the judgment. Appealed was filed within two days after the court date.

    There is NO judgment signed as far as man knows. Clerk's office has no record of judgment. DA's office has no record of judgment. Both of these offices have the appeal.

    Question 1: How can an appeal be filed against a non-existent judgment?
    Question 2: If a judgment does exist, then shouldn't man be paying the adjusted amount in that judgment until the outcome of the appeal?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Appeal with No Judgment

    I can't read the court's order from here. Perhaps the court certified an issue for appellate review. If a judgment does exist, as suggested by your second question, perhaps all we're talking about is a stay pending the outcome of appeal.

  3. #3
    Join Date
    Apr 2011
    Posts
    8

    Default Re: Appeal with No Judgment

    Thank you for your response.

    I found out today that the "judge" was actually a court referee that only makes recommendations to a real judge that would only sign off on the recommendation in five days if an appeal (contest) to the recommendation was not filed by either party. There was no court order, only a recommendation. Now the case will go before a real judge in circuit court. Neither party was aware that the court referee was not a judge. There is no actual order because it was not signed by a judge.

    Now the question is changed:

    If the procedure for calculating child support was completed correctly in the previous court session, what could possibly change the outcome? All of the information from both parties is correct. There are no extra expenses for medical, school, dental, etc. No past due amounts. It appears that the ex-wife is just angry that child support is being lowered. Also, shouldn't the reduction be effective retroactively to the date of filing for the reduction?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Appeal with No Judgment

    If child support was properly calculated and nobody is arguing that there should be a departure from the guidelines, one would expect the same figure to be reached if the same numbers are presented at a subsequent hearing.

    Child support modifications are generally retroactive to the date of filing.

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