Affair child

My husband is having an affair, and his paramour is having his baby in August. He has said he wants a paternity test.
a few questions:

  1. Will my child support/alimony be lower if she files for child support before I do?
  2. Since the child will be illegitimate, does the child have right to inheritance?
  3. Should I pursue AOA lawsuit? I have plenty of evidence that we were happily married, and the paramour continuously pursued my husband.

(1) Your child support won’t necessarily be lower if she files for child support before you do. The existence of another child for which your husband is financially responsible for could affect the child support you receive. If your husband is paying child support to the paramour or otherwise financially responsible for the child, then that amount is deduced from his monthly gross income when determining child support owed to you. And this works vice versa if the paramour is trying to determine child support owed to her.

(2) If the father of an illegitimate child died without a will and without having legitimized the child, then the child would not be able to inherit from the father.

(3) It sounds like you may be able to pursue an alienation of affection claim against the paramour. You may also have a claim for criminal conversation.

For alienation of affection, you would need to prove that (1) you and your husband were happily married and had a genuine love and affection existing between you, (2) that love and affections was alienated and destroyed, and (3) the paramour’s wrongful and malicious acts caused the alienation of affection between you and your husband.

For criminal conversation, you would need to prove that (1) you and your husband were married, and (2) your husband had sexual intercourse with a third party during the marriage.

Check out our article Infidelity and Alienation of Affection for more detailed information on the claims of alienation of affection and criminal conversation.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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