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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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MY DAUGHTER HAS BEEN GIVEN TIME TO ANSWER AN ORIGINAL DIVORCE

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MY DAUGHTER HAS BEEN GIVEN TIME TO ANSWER AN ORIGINAL DIVORCE SUMMONS AND COMPLAINT HER HUSBAND FILED AGAINST HER. IN HER COUNTERCLAIM SHE IS ALLOWED TO FILE IN ANSWERING THAT COMPLAINT CAN SHE DEMAND LEGAL AND PHYSICAL CUSTODY OF HER TWO CHILDREN THE HUSBAND TOOK AWAY AGAINST HER WISHES AND IS REFUSING TO BRING BACK OR ALLOW HER VISITATION WITH HER CHILDREN?

HE HAS ALSO STOLEN HER MAIL AND DENIED HER KNOWLEDGE OF SUPPORT COURT ORDERS WHICH SHE COULD HAVE FOUGHT, AND ALSO HE HAS INDICATED ON HIS cis THAT HE HAS NO OTHER FORM OF INCOME, AND HIS LIVES WITH HIS GIRLFRIEND WHO SUPPORTS HIM SHOULDN'T HE BE FORCED TO DIVULGE HER INCOME AND HELP AS PART OF HIS INCOME? FURTHER, SINCE THEY HAVE GARNISHED HER WAGES FOR SUPPORT WITHOUT HER BEING PROVIDED DUE PROCESS (HE STOLE ALL NOTICES SO SHE COULD NOT DEFEND HERSELF) WHAT DOES SHE NEED TO FILE TO HAVE THE SUPPORT ORDER VACATED AND THE MATTER HEARD AGAIN BASED UPON HER FINANCIAL INFORMATION AND THE ADDITION OF HIS HIDDEN INCOME FROM THE GIRLFRIEND (OBVIOUSLY TO BE STATED AS GIFTS) SO THE SUPPORT ISSUE CAN BE HANDLED AGAIN FROM THE BEGINNING?

 

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.

 

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All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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