Supersedeas

What on earth does “supersedeas” mean?

When a trial court enters a final judgment, such as a judgment for divorce or a final order for child custody, either party has the right to appeal the judgment to the Court of Appeal.? When the appeal is made the final judgment or order does not take effect. It is stayed until a decision is made on the appeal.? The halting of the judgment or order while the appeal is underway is called “supersedeas.”

So what happens if (a) the trial court had previously issued a temporary order for child custody, visitation, child support, and alimony, (b) the trial court?then issued a final judgment different from the temporary order, and?(c) a party appeals the final judgment.? Does the temporary order continue in effect or should the parties start following the final judgment or order?

The?answer is: (a) the new provision regarding custody and visitation should be followed;?and (b) the prior, temporary provisions regarding child support and alimony should be followed.? But what if the final order switches custody?and reverses the direction of the child?support? Does the party who now has custody?under the final order continue to?pay child support under the temporary order?? Obviously, this would not make any sense because the child support money would be going away from the child rather than toward the child.? Yet this is what the law seems to require.

Fortunately, there is a solution to this problem:? the trial judge can order that the supersedeas stay does not?apply.? The attorney representing the party who now has custody and should be receiving child support?can ask the trial judge to make the new child support effective during an appeal.? Indeed, the attorney should also make this request anytime the final judgment or order benefits their client and an appeal is taken.? The judge can always deny the request, but it does not hurt to ask.

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