Q: I lost custody and was given visitation, child support was denied .. Can the other side sue and get child support?
I sued for custody and lost and was only awarded visitation. The other party was given full custody. Child support wasn't awarded. Can the winning party sue for custody if I reopened the case to file a post judgment motion?
A: The Court has the discretion to state that the parties are to be generally charged with the support of the minor child. However, the Judge must state on the record why it is in the best interest of the child for their not to be any child support awarded (i.e. the access schedule is close to 50/50 and the parties income is similar to one another). If you are considered that child support should have been ordered, you should consult with an attorney ASAP as you have 10 days to file a Motion to Reconsider and 30 days to file a Motion to Alter or Amend. However, if you wait more than 10 days to file a Motion to Alter or Amend the 30 day period to file an appeal is not stayed (if filed 10 days or less from date the Order is entered then the appeal period is stayed until a ruling is entered regarding the post-judgment motion).
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