Motion to Reconsideri recently asked and granted a motion to reconsider in Alimony case. I also lost my job and have had some major medical...

Question

Motion to Reconsider

i recently asked and granted a motion to reconsider in Alimony case. I also lost my job and have had some major medical problems which prevented me from working or seeking work. I was also laid off from the job i had which i used to pay alimony. I am on the mend now but still unable to find work. I do receive ss benefits. My question is if the Judge sticks to his decision do i have a right to appeal? Is there a specific time table i have to follow after the reconsidering hearing?

Answer

Re: Motion to Reconsider

Yes, there are very strict deadlines to file an appeal and you must adhere to them. A properly and timely filed Motion to Reconsider tolls the period of time in which to file an appeal. However, once that motion is acted on, the time to appeal begins. That time is 21 days from the judgment or order being appealed.

You will need to bear in mind that all appeals from district court family cases go directly to the Maine Supreme Judicial Court. Maine, unlike some states, does not have a separate appellate court. Therefore, any appeal will go to the state's supreme court and their decision will be final.

An appeal to the Maine supreme court is not to be taken lightly. There are many procedural steps that need to be strictly followed, and plenty of potholes for the unwary to step into. This is not to say that you should not appeal if the circumstances warrant; many family cases are in fact appealed. You should, however, seriously consider retaining an attorney to pursue an appeal.

If you would like to discuss it further, please do not hesitate to contact me.