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JacQui_23 · Jan 28, 2013, 05:13 AM

Me and my ex split in November, now that we are separated I have found out he is dating someone new. But I also found out that their relationship started before ours ended so he was cheating. He is now staying with her part time (may already have moved in) so my question is can she pay me some sort of monthly payment? As I have 2 kids with my ex. I keep our kids full time and he hasn't seen our kids since our split.

Curlyben · Jan 28, 2013, 05:16 AM

No, you have NO cause of action against this third party, but you DO with your ex.

ScottGem · Jan 28, 2013, 05:39 AM

Any question on law needs to include your general local as laws vary by area.

Is your separation through the courts or did he just move out?

In any case, you are not going to win a court action against her. She has no responsibility for supporting you or your children. But your ex does. You should be filing against hims for, at least child support.

Fr_Chuck · Jan 28, 2013, 06:50 AM

You should have a child support order against the ex, no you have no case against the new girlfriend

JacQui_23 · Jan 28, 2013, 11:03 AM

Saskatchewan, we starts argueing in September months of October and November he was barly around there were nights and days he never came home. Finally he came over was acting weird and was wearing a turtle neck (he never wears them) so after awhile I saw hickeys, I told him I was done. None stop fighting for 2 weeks after still trying to make it work. Then one day he just never came home he changed his cell phone number and rufused to help me pay rent or milk for my then 1 month old baby. Finally November he was gone. Haven't seen him since.

ScottGem · Jan 28, 2013, 11:06 AM

So why didn't you file for divorce in December?

joypulv · Jan 28, 2013, 11:09 AM

This is a Law forum. If you want to talk about the grief he has caused, write more under Relationships. Nothing he did is going to have a bearing on the law in regard to her. Neither of them can be charged with adultery as a criminal act, and she can't be sued for any kind of support. You haven't told us if you are even getting support from him or not, but even if you are, make if official in Family Court.

JacQui_23 · Jan 28, 2013, 12:51 PM

Someone had told me that since she got involved (I know it takes two) that she could be pay some sort of monthly payment as long as they are togther. But no nothing is through court, we agreed on a child support amount but this pasted month he has been giving me promblem with payments. As of this morning I am in contact with a lawyer...

ScottGem · Jan 28, 2013, 01:08 PM

Whoever told you that probably didn't know what they were talking about. While Canada law is different, I can't imagine a new girlfriend being held financially responsible for the other person's family.

AK lawyer · Jan 28, 2013, 05:58 PM

Originally Posted by ScottGem

Whoever told you that probably didn't know what they were talking about. While Canada law is different, I can't imagine a new girlfriend being held financially responsible for the other person's family.

Me either.

But suits for "alienation of affection" used to be common. However if OP and the BF were never married (evidently), I don't even know if that would have flown in 1898. And, in any event, the remedy wouldn't have been a monthly stipend.