Family Law Questions? Ask a Family Lawyer Online.
Thank you for asking your question on JustAnswer.Please note that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
As part of her answer your daughter should indicate a counterclaim for custody of the children. She must indicate she wants custody of the children, spousal and child support, and a distribution of property. An initial hearing will be held where custody and support can be decided during the pendency of the divorce proceeding.
Your daughter can request a modification of the existing support order at the initial hearing as well. Otherwise she can file a motion for modification of the current order, and or she can file a motion to vacate the prior order based on the intercepting of the mail. However you stated the judge already vacated the default order, apparently to allow your daughter to respond.
The girlfriends income is immaterial to a child support determination. She is not obligated to support the children. The fact the husband is benefiting from the relationship may be of value in determining spousal support. You can subpoena the girlfriends' financial as part of the divorce process.
If you found this answer informative please press the ACCEPT even if you are on a subscription plan so I may receive credit for my work.
All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).