QUESTION
Am I still entitled to support if I had an affair?
Asked on Oct 24th, 2011 on Child Custody - Arizona
More details to this question:
Am I still entitled to support? I am recently separated from a 5 year marriage with 4 kids and no job. I am starting school in a week and was evicted from our home for non payment of rent. My husband moved in with his family and my kids are staying with mine. I am the adulterer. Does that mean I lose all my rights for any type of support from my husband? Child support? Alimony? Our rent at my family? Car insurance to drive the kids around? Expenses for daycare for my baby so I can attend school full time?
17 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Yes you are entitled to support etc.
Answered on Jun 03rd, 2013 at 12:25 AM
The fault in causing the divorce is separate from spousal support, but a 5 year marriage is a little short-term for spousal support. Child support is an entirely different issue - you get that no matter what.
Answered on Oct 28th, 2011 at 12:10 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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Child support will not be affected by your actions because the support is for the benefit of your children together. However, it may be used against you during divorce to negate or minimize your ability to collect alimony or spousal support.
Answered on Oct 26th, 2011 at 11:29 PM
Patricia C. Van Haren
An affair has absolutely no bearing on any support you would be entitled to in a divorce. You are still entitled to 1/2 of the community property, child support, 1/2 of daycare and spousal support. California is a no fault state therefore any evidence or statements about your affair would be irrelevant.
Answered on Oct 26th, 2011 at 2:02 PM
Adultery is a bar to alimony. It is not a bar to child support.
Answered on Oct 26th, 2011 at 12:00 PM
Glen Edward Ashman
Generally you can get child support after adultery but usually lose alimony. Adultery also could affect you getting custody at all. You need a very good lawyer asap.
Answered on Oct 26th, 2011 at 12:14 AM
Alimony Attorney serving Ann Arbor, MI
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Lana Panagoulia Law, PLLC
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Assuming a Michigan court has jurisdiction: Your children have a right to child support. Your affair may be relevant to your moral fitness under certain fact scenarios; however the children reside with you currently and should be supported.
Answered on Oct 25th, 2011 at 7:26 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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An affair could potentially affect alimony; however, any expenses related to the kids would not be affected at all, nor would child support. You should consult with an attorney.
Answered on Oct 25th, 2011 at 4:47 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You may not be entitled to "support" at all. You have only been married for five years. You have no entitlement at that stage. Are the four children, children of the marriage?
Answered on Oct 25th, 2011 at 4:17 PM
Debra L. Palomino
Arizona is a no fault divorce state, therefore, the affair will not affect your right to claim support.
Answered on Oct 25th, 2011 at 4:15 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Adultery is irrelevant unless it effects the court's view of you as a fit parent or constituted waste. Both are unlikely.
Answered on Oct 25th, 2011 at 4:09 PM
Business Law Attorney serving Lakewood, CA
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Law Office of James V. Sanchez
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California is a no-fault state for divorce (dissolution). Therefore your adultery in and of itself has no bearing on your support issues.
Answered on Oct 25th, 2011 at 3:37 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Your affair has no impact on the support you will receive.
Answered on Oct 25th, 2011 at 3:32 PM
The statute says that the court is to make a fair and equitable division of all of the property and debts without regard to "marital misconduct." Therefore, the mere fact that you had an affair should not impact the division in your case.
Answered on Oct 25th, 2011 at 3:31 PM
No, in Wisconsin, fault is not considered in a divorce. Everyone has the same rights to support, property division, etc.
Answered on Oct 25th, 2011 at 3:28 PM
Steven D. Dunnings
There are a lot of factors in considering whether alimony is appropriate. Your affair will definitely have an impact on property division.
Answered on Oct 25th, 2011 at 3:28 PM
Arizona is a no-fault state, so marital misconduct will not affect your rights regarding division of assets, child support or spousal maintenance; those issues are all governed by statute, and I recommend you speak with an attorney to determine where you stand.
Answered on Oct 25th, 2011 at 3:25 PM