Legal Question in Family Law in Massachusetts

going back to court because daughters father joined the army

I just finished a court case regarding my daughters custody and child support. That was in September. Her father left and joined the army, giving me short notice. I filed for sole custody (we have joint now) and back child support and more child support due to increase in pay. We did wave the guidelines because he offered to pay more then the percentage. He wont be present and I am representing myself. I don't know how to go upon this. What information should I bring forward to the judge? and what are my chances of winning? Also I am the custodial parent and the father put down on his military papers saying my daughter lives with him, what can I do to correct that in court?


Asked on 3/03/09, 8:08 pm

1 Answer from Attorneys

Re: going back to court because daughters father joined the army

You should speak to an attorney regarding the specifics of your case since you raise some complictaed issues. Your husband is required to list all family dependents with the Army in order to qualify them (in this case, your daughter) for health care and other benefits, to include VA benefits in the event he dies in military service. If I read your message correctly, both parents share joint legal custody and you have physical custody while your daughter's father has visitation. The likelihood that this will change based on your daughter's father joining the military is very low. The likelihood that the support order will change is based on the difference in income between his former employment and what he will make in the Army. You should speak to someone about your case.

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Answered on 3/03/09, 9:05 pm


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