You may have a claim of marital misconduct against your wife, and a claim of alienation of affection against the boyfriend, if your wife and the boyfriend were dating and seeing each other during the marriage but before the date of separation. A separated spouse can date during the separation period, but it is not recommended. This is because her actions after the date of separation can be used to corroborate events that happened during the marriage for marital misconduct reasons. Her possible marital misconduct (in this instance illicit sexual behavior) could prevent her from receiving alimony from you if she were otherwise eligible to receive alimony.
If you have not already, you may need to file a custody action against your wife for custody of your twins. The results of a CPS investigation may help your case, along with the children’s poor school performance when they are with their mother.
Child support is determined by the custody arrangement that the parents have. To get an idea of what child support might look like in your case, use our child support calculator.
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