Can I request for my husband to pay for the abortion?
Asked on Sep 26th, 2011 on Child Custody - Louisiana
More details to this question:
I am currently married and in the process of filing for a divorce due to my husband being unfaithful. I also found out that I am pregnant and I wish to terminate the pregnancy due to him being unfaithful. In my divorce settlement cant I request that he have to pay for the abortion?
Unless your case is sealed, then your divorce decree is a matter of public record. You may not want a private matter to be accessible to the public. That is just one consideration, but there are others as well.
In your divorce settlement you may request anything you want but unless your husband agrees, I doubt the court will compel him to pay for an abortion. Moreover, if you divorce is typical, by the time the settlement is an order of the court, the baby will have long since arrived.
In most cases a medical procedure is a community obligation, meaning the property owned by both parties during the marriage would be used for the payment. In this case, this may not be true. Like any other elective (voluntary) procedure, for example a breast implant or other cosmetic surgery, the procedure is not strictly necessary for your health, and some may argue that it would actually be detrimental to your health. The court would not "make your husband pay for it" (the abortion), strictly because he had an affair and violated your marriage vows. The court would also not rule necessarily that it was a community obligation because it does not benefit or help the community-it would be for your "benefit" alone. Of course you may "ask" for anything in a settlement agreement, but you are more likely to get that which a court would be likely to award. By having an abortion you would probably make the father happy, because you would eliminate any ties he had to you, and he already wants to avoid his responsibility for the marriage. On the other hand, if you have the child the father would be responsible for paying his fair share for that child's support, including medical insurance, schooling and education, etc., for as long as that child was a dependent-until he or she graduates high school. The father would have absolutely no choice in that matter, and child support obligations cannot be discharged in bankruptcy. The father could not require you to have an abortion in order to evade responsibility-so why would you choose to allow him to evade responsibility voluntarily? If the father has a good job or means of income it makes much more sense on all levels to have the child and require him to pay support. You should consider carefully obtaining counseling, both legal and spiritual, prior to making this decision.
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