What to do about getting child supportregarding a default divorce in which the court was never informedabout the child?

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What to do about getting child supportregarding a default divorce in which the court was never informedabout the child?

Married in LA in 1998. Had a daughter in 1999. Left my husband and moved to TN in 2001. Once I left, he filed a petition and stated that he didn’t know where I was. He was granted a default divorce in 2002. He never stated in the petition that we had a daughter, therefore, it was not addressed in the divorce decree. Have been trying ever since to push for child support, but he is military and is constantly stationed overseas. He is now back in the states, and I am trying to push it again. LA states there is no divorce decree on file, but I am looking at the decree right now.

Asked on December 20, 2010 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would strongly suggest that you seek help from an attorney in your area as soon as you possibly can.  You left the state with your child.  That is a big no no and my concern here is that you may lose custody of your child once everything comes to a head. So you need to file for custody as well as child support here.  The fact that he is inthe military and may not be able to provide a stable home at this point in time may work in your favor for now, but not for always. And regardless of the if's of your divorce, if you have custody of your daughter then you can file for support from her Father.  Please get help.  Good luck to you. 


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