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

For further details, consult a lawyer knowledgeable about family law appeals.

Marshal S. Willick