Can a new judge issue a new alimony order for the same thing while there is still an undecided appeal?

Asked 11/3/2009 under Divorce, Marriage, Alimony | 157 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Steven Shumer / Answered 2 years ago | Contributor This attorney is licensed in New York

It is not clear what it is that you are specifically asking.  I would need a better understanding to be able to answer your question.  Are you saying that the judge who issued the financial award was taken off of the case or retired?  And you are now asking if the new judge can change the award?   Is the appeal on the alimony issue or on something else?  Generally, to alter any award, such as alimony (What is now called maintenance), there has to be shown an unforeseeable change in circumstances to justify the change.  Was there a change in circumstances? Please clarify.

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