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tearia1999 · Jun 4, 2011, 06:11 PM

Can someone please explain to what is adultery law... can someone tell what it is and what can be done on this. I was told my husband would be charged for child abondamen adultery law... in tx and in ga... im a little confused and when I Google it it only tells me when a woman have a baby for another man other than her husband...

Fr_Chuck · Jun 4, 2011, 06:23 PM

Few places still have any laws on the books, in Georgia it deals with not paying court ordered child support. Georgia does not enforce any adultery laws at this time ( at least not in my 10 years of being here and in Fulton and Cobb County)

So explain what your role is in all of this

tearia1999 · Jun 4, 2011, 06:29 PM

My husband amd I was separated for 6 months when he met another married woman which led to a baby... the baby is 8 months... she had my husband tested and its his child... she filed abondament warrant on him and he was picked up for a felony child abondament warrant. My husband went to the child support office to put himself on child support, but he received a letter stating due to the legal father/bio law they can't proceed with the case until her husband is dismissed as the legal father... now she lives in tx and she said she filed another abondament warrant on him and its under the adultery law... my husband sends something every month not much just to stop her from filing abondament warrants on him... which has not stopped... the only address we have on her is her parents address in ga and they telling him to stop sending mail there... at this point we don't know what to do and she won't stop filing abondament warrants on him

Fr_Chuck · Jun 4, 2011, 06:40 PM

He needs to stop playing with her, first unless there is a court order for support she is filing false reports to have him arrested.

So he needs to hire an attorney, who needs to either file to prove paternity. After that he can not just
"send alittle money to keep her from doing something" that is blackmail, not support, unless there is a real court order for support, no support is even owed.

It appears this lady is using the system to black mail him out of money, he needs to be represented by a local attorney

Next unless they had sex in Texas, any criminal chares for adultry would not be valid

tearia1999 · Jun 4, 2011, 06:50 PM

We have an attorney and his attorney called her to talk to her and he told us to keep sending something... either way this is not going to away because she is going to the courts and lie and tell them he's not sending anything... she is going to the court and showing them the dna test she have showing he is the father... she is not telling the court that there is no child support order... and that her husband is still the legal father... she claims the courts know about her husband being the legal father and they told her as long as she have a dna test proving he is the father that's all she needs... it got him arrested once already... the agent from child support told him the same thing there is no child support order so she can't file abondament charges on him, but she is... she just sent him a message yesterday saying she filed again in tx and its being investigated under adultery law... I juat wish there was a way we can stop all this non sense... this is messing him up... he do contract work

tearia1999 · Jun 4, 2011, 06:52 PM

On a military base and with pending charges on him is not good... at this point we don't know how to stop this and now he have to go to tx for a court hearing... she also said she's moving back to ga so she can handle her business better... I really thought hiring an attorney would help, but at this point it hasn't... it just seem so easy for her to file abondament warrant on him... what can we do

cdad · Jun 4, 2011, 06:56 PM

Im going to assume that the DNA test wasn't court ordered ? What he has to do is wait for something to be filed. If she is making threats to send money or else. He needs to go and file charges against her for extorsion. Since this is happening across State lines then it may even get her federal charges. Once she is in prison then she can't do much of anything.

AK lawyer · Jun 4, 2011, 06:56 PM

Adultery is having sex with someone other than your spouse and is still a crime in Georgia.

OP's husband is being charged with not paying child support or, as they call it in Georgia, "abandonment".

Apparently the only way that abandonment and adultery are connected in this case is that the child is a product of an adulterous relationship.

The problem OP is having is that her hisband needs to keep sending child support but he doesn't know the mother's address. Doesn't Georgia have a child support agency through which this could be done?

tearia1999 · Jun 4, 2011, 07:06 PM

No, it was not court ordered... she paid for a the dna test herself... she said she filed it already...

ScottGem · Jun 4, 2011, 07:07 PM

Adultery is when a married person has sexual relations with someone other than the person they are married to.

In GA child abandonment refers to not supporting their child.

In most states, when a child is born to a married couple the husband is automatically the legal father until a court rules otherwise.

So that brings us to your situation. It is very rare that adultery laws are enforced. What probably happened is the mother filed for support (abandonment) against your husband. But since her husband is the legal father the case was denied, at least until he has been declared the legal father.

He should stop sending money, but should be putting money into a savings account until support is ordered by a court.

Who is telling you about filing warrants in Texas? If it's the mother, then she is lying to you. Adultery is no longer illegal in Texas, though it can be used as grounds for divorce, which is not an issue for you. She may be able to file for child support, but if she does your husband will be served a summons about the court action.

So your husband needs to decide what to do. He can do nothing and wait for a summons. Or he can file for custody of the child and get a real support order.

tearia1999 · Jun 4, 2011, 07:11 PM

The child was made during there adulterous relationship... its my husband that has the child for her... child support won't take the case because her husband is still considered to be the child's legal father.. there is no current child support order due to the legal father/bio law...

ScottGem · Jun 4, 2011, 07:14 PM

When posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments. Please see my previous response.

tearia1999 · Jun 4, 2011, 07:16 PM

Yes, the mother said she filed in TX. He tried doing that by going through child support, but they closed the case because of her husband being the legal father... the only address he have on her is her parents address and her parents is returning the mail back to us. Where would he go to file for custody since child support services won't deal with the case.

The courts is allowing her to file the abondament warrants against my husband and we not understanding why. He was arrested in Feb for an abondament warrant and she claims she has filed another one. The first warrant was filed in hinesville ga and this one she just filed was in Tx

Fr_Chuck · Jun 4, 2011, 07:21 PM

Again as Scott has asked nicely, stop using that comment feature, if you want to give more info and follow up, ANSWER the question, not the comment feature

tearia1999 · Jun 4, 2011, 07:23 PM

I thought I was suppose tp comment on each person response... sorry didn't know I will use the answer key from now on

Fr_Chuck · Jun 4, 2011, 07:34 PM

Thank you,

No in fact you don't have to comment on each post, and since often they may be about the same

ScottGem · Jun 4, 2011, 09:19 PM

Originally Posted by tearia1999

yes, the mother said she filed in TX. he tried doing that by going through child support, but they closed the case because of her husband being the legal father...the only address he have on her is her parents address and her parents is returning the mail back to us. Where would he go to file for custody since child support services wont deal with the case.

But what proof do you have that she filed anything? Like I said, there are adultery laws in TX so if you is telling you that she is filing under those laws she's lying. Have you received ANYTHING from any TX court? If so, what?

Originally Posted by tearia1999

The courts is allowing her to file the abondament warrants against my husband and we not understanding why. He was arrested in Feb for an abondament warrant and she claims she has filed another one. The first warrant was filed in hinesville ga and this one she just filed was in Tx

Again, GA is different. Please reread what I originally posted, you need to understand what has actually happened. Yes, she filed for abandonment in GA and they issued the warrant before fully investigating. Once they did they found he is not the legal father so there is no question of abandonment. So she cannot refile in GA unless she challenges her husband's paternity. And I'm not sure she has legal standing to do so. Either your husband or hers needs to file. And that would be done in Family court.

Also, do not believe what she "claims". Texas doesn't work the same way as GA. She has to file a case for child support and your husband would have a chance to respond to that case. If she claims to have filed for such a warrant ask her for the name of the court and the case docket #.

P.s. you don't need to respond to each response you get. Read through the response then answer all the questions or respond to all the points.

tearia1999 · Jun 4, 2011, 09:26 PM

This is the message the child's mother sent my husband...

Just so you know... I filed for an abandoment warrant again... but you were rght... its done through an investigation process... but the process has 7:10 PM
171 more messages
(2/5) begun... I gv them the address... and you keep hoping this biological thg is going to keep you from paying... its nt going to help you with the child 7:10 PM
(3/5) abandoment... its a such thg as adulterine law... as long as I hv proof... for example a dna result... u r still responsible in an abd. 7:10 PM
(4/5) Case... so that little game you played on me last week... only added flame to the fire... and yes I know hinesville tried to dismiss it based on 7:10 PM
(5/5) that... but they cnt... and I will make sure its handled rght... cause of hw your still doing hm 7

ScottGem · Jun 4, 2011, 09:50 PM

I think she's lying. I checked and Texas no longer has adultery laws. Also Texas does not refer to failure to pay support as abandonment. Also, the court is not likely to accept a private DNA test, especially one she supplied. Notice she said nothing about court or docket #s.

What "little game" did she refer to?

Do you know how long she has been in TX? She would have to be there at least 6 months. Even then, since this was originally started in GA and you still live in GA, then GA continues to have jurisdiction. So you should be able to get anything she files in TX moved back to GA, which will then dismiss because he's not the legal father.

Have him tell her that he has researched the law and he doesn't believe that she can do anything. That he will wait for a court summons before he does anything more.

Normally I don't like to advise a father not to support their child, but I don't like a mother trying to extort support from a father. By the way did he see the DNA test results?

cdad · Jun 5, 2011, 05:08 AM

Originally Posted by ScottGem

Have him tell her that he has researched the law and he doesn't believe that she can do anything. That he will wait for a court summons before he does anything more.

I can't say I agree with this part of the statement. It has already been said that the OP's husband has a lawyer. It is the lawyer that should be handling this and there should be no further contact with the mother. He should tell her no contact and if she insists on doing so then get a restraining order. It sounds like this woman needs to be put in her place by the law.