Wife Appeals Award of Child Custody and Husband ask for Child Support

The husband and wife married in 2006 and had a child together in 2007, in the case of Batchelor v. Batechlor. In 2010, the husband became aware that the wife was having an affair with a ormer boyfriend, prior to the marriage.

In early 2011, the husband filed for a divorce and sought “temporary custody” of the parties’ child. The divorce court entered an order providing that the parties would share the joint physical custody of the child on an alternating weekly basis.

Prior to the case being heard for trial, both the husband and the wife filed contempt motions against the other. In 2014, the trial court entered an order awarding the husband custody of the parties’ child. The division of marital property remained pending until a final judgment was entered in January 2015. The mother appealed the award of custody to the husband. The husband filed an appeal as well related to the court’s failure to award him child support. The court of Civil Appeals affirmed the decision as to the custody award to the husband. The appellate remanded the issue related to child support.

In the wife’s brief, she challenged the award of custody of the child to the father based on the sufficiency of the evidence. The husband contended that because the mother did not file a post judgment motion, she did not preserve this issue for an appeal. In New Properties, L.L.C. v. Stewart, the Court determined that in non-jury cases where the trial judge does not make findings of fact, a party asserting the insufficiency of the evidence must file a post judgment motion raising that issue before appeal. Thus, the wife was required to file a post judgment motion challenging the sufficiency of the trial court’s custody award. This issue was not preserved for appellate review.

The husband appealed as to the issue of the court not awarding him child support for the minor child of the parties. The parties both completed Form CS-41 Income Affidavits. The wife stated her income as $38,856 annually. Based on the child support guidelines, her child support obligation should have been $547 per month. The court decided to deviate from the guidelines and did not award the husband child support.

A court may deviate from the amount of child support guidelines, but it must make written findings of fact to support that deviation from the child support guidelines. The trial record did not indicate any of the reasons set forth in Rule 32. The appellate court held that this portion of the trial court’s judgment is due to be reversed and remanded. The trial court was ordered to determine if its conclusion that the mother not be required to pay child support is correct.

It appears that the court did not order the Wife to pay child support due to the disparity of the income of the parties. I believe both parties have a duty to support a child. A man that is awarded custody of a child should receive child support.

If you are seeking custody of a child and need help, please contact my office to discuss your custody case. I can help you get the relief you are entitled to. Call Joseph Ingram with INGRAM LAW LLC at (205) 236-3997.. Get Relief – Get Results.

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