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wifeandmother · Apr 7, 2012, 06:23 PM

My husband of 9 years and father of my 3 children, had been having an affair with a co-worker for the past two months. When found out, he did not lie about it. She was married also. After being found out, she told her husband, and moved out of their marital home, presumably under the misconception that my husband was going to also leave his family to be with her. When he told her he had no intention of carrying on with her any further, she told him that she is pregnant. She told him before they had sex that she was on birth control.
Unfortunately, she intends to keep the pregnancy. My question is, what is she legally entitled to when the child is born, if she is still married to her husband?
She has already suggested that I will be responsible for child support since he makes far less money than I do. Will I have to get a divorce to keep that from happening?

Alty · Apr 7, 2012, 08:08 PM

This question would be better placed in the legal section, but since it's here, I can offer advice, and opinion, but I'm not a legal expert. I will ask that the mods move this question for you to the proper forum.

My understanding is that any child born in wedlock is assumed to be that of the husbands. That's not to say that she can't come after your husband for support, but he would be well advised to have a DNA test done on the child after it's born, to verify that he is indeed the father.

If he is the father he will be responsible for child support. I don't think they can come after you for support. I do believe (and again, I have to say that I'm not a legal expert, so this is just an opinion based on what I've heard from other cases similar to this), that child support will be based on his income.

Once this question is moved, and the legal experts come to answer it, I know that they'll need your basic location, as laws do vary by state.

I hope you come back to see what the legal experts have to say. Give it a few days. It's Easter tomorrow, and weekends on this site are always a bit slow. Keep in mind that all the people that answer questions on this site, are volunteers, we have jobs and families outside of this site, and only come on when we have the time, so it can take a few days. Keep checking back.

I wish you the best of luck. :)

cdad · Apr 8, 2012, 03:46 AM

The simple answer is no. You won't be responsible for "his" child support. It is his and if he has a job then that is the income they must base it from.

AK lawyer · Apr 8, 2012, 05:34 AM

For being "not a legal expert", Alty gave you a 100% right-on correct answer. But, for emphisis:

Originally Posted by wifeandmother

...
She has already suggested that I will be responsible for child support since he makes far less money than I do. Will I have to get a divorce to keep that from happening?

No, you will not be responsible for child support and a divorce would not make any difference in that regard.

wifeandmother · Apr 8, 2012, 06:04 PM

So then, if he quits his job, and is no longer gainfully employed outside of the home, she can make no financial claim on him at all? Based on an income of zero? I believe that if that were the case, she would reconsider keeping the pregnancy.

AK lawyer · Apr 8, 2012, 06:23 PM

Originally Posted by wifeandmother

So then, if he quits his job, and is no longer gainfully employed outside of the home, she can make no financial claim on him at all? ...

In most jurisdictions, if he were to quit his job for the purpose of shirking his paternal responsibilities, an imputed income is attributed to him. If a child support order were already entered, he would have to ask the court to reduce it and until it is reduced, it would continue at the same amount. And voluntarilly quitting his job is not going to be considered a good reason for reducing his child support obligation.

Fr_Chuck · Apr 8, 2012, 06:39 PM

First it is very likely she is not pregnant and just lying trying to cause more trouble with you and your husband. Please get marriage counseling to help you work though this.

Normally since she is still married, her husband will be considered the legal father unless proved he is not ( and that varies by state in the US) So she will have to get a paternity test, prove he is a father and sue for child support. You will not have to pay, again, she is trying to cause trouble.
1. stop any contact with this women,
2. do not listen to anything she is saying.
3. wait for the child to be born ( if even pregnant)