Question asked on Mar 09th, 2014
Q: I was granted an upward deviation in monthly child support in the amount of $800 per month. The court papers stated my ex was to add the $800 for Feb pymt to March pymt. He paid the March payment without the additional $1600. If he is appealing (which he has no basis to do) isn’t he obligated to pay the new amount of child support in the meantime?
A: Short answer: yes. Presuming the paperwork says precisely what you say it says, and that there has been no “stay” of the order (such a stay has to be specifically requested and granted), then the order is enforceable — and collectible — during the pendency of any appeal.
For some details, see the article: Enforcement of Judgments: Appeals Stays & Liens (Advanced CLE, Las Vegas, December, 2010), posted at https://www.willicklawgroup.com/published-works/.
For further details, consult a lawyer knowledgeable about family law appeals.
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