How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38064
Experience:  I provide family and divorce law advice to my clients in my firm.
18572087
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

My wife cheated on me with a guy from work and left the marital

Resolved Question:

My wife cheated on me with a guy from work and left the marital home and left me holding the bag for all of those responsibilities. We have a 10 yr old son. She has devolved into a welfare type animal looking for the maximum payout from me in our divorce.
It really pisses me off that someone can stoop so low, take all the personal belongings she could get before I changed the locks and now want me to pay her child support. Where the hell is the justice in that?
We were married in the bahamas 13 yrs ago. She has yet to file for divorce and we were going to work through mediation with what i thought was shared custody (but apparently that doesn't equate to shared expenses)
I am in Florida btw and am just curious what recourse if any I have.
If I file the divorce action first is there any chance she would have to pay me support? What can I do to overcome the odds that are slanted in the womans favor?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I will try my best to help. What are your current financial standings? By that I mean, dos she work, do you work, and what is the difference n income? beyond demanding funds from you for everything, is there any sort of of 'unfitness' on her end that you can point to, specifically toward raising children?
Customer: replied 1 year ago.

We both work, monthly net incomes are approximately


me - 4100 her- 2200


Not really anything glaring although her previous marriage resulted in one son and the father kept custody of that son in the divorce.

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Rick.

Has she formally admitted to the adultery to you? Can you prove it if needed?

Customer: replied 1 year ago.

Yes she has and I'm not sure i can prove it per se....but I know the details and persons involved.


The challenge of course will be that I have had my own affair after she left the home 4 months ago and am now in a new relationship.

Expert:  Dimitry K., Esq. replied 1 year ago.

Rick,

Thank you for your patience. Yes, your new relationship does not help much. If she pursued a relationship and so did you, she could equate your behavior to hers. I was hoping that it could at least be used to fight her on alimony should she attempt to pursue it as well.

Here are the facts as I see them--should you have any further need for clarification, please use the 'reply' button and I will be happy to reply.

1. The courts do look at income and at the income disparity when figuring out a dissolution. Who files first is irrelevant and does not affect the case, but if one party is deemed to be more financially independent, the courts tend to try to make that party cover more of the expenses, and likewise be more responsible for support. In your case having fairly higher income does create an opportunity for her to seek spousal support as well as child support if she obtains custody.

2. The way to fight custody is to show to the courts that having the child with you is somehow in the 'best interest of the child', as that is the standard that the courts utilize. While in the past the courts were far more one-sided to husbands, that is no longer quite the case as more factors are looked at. The courts will look to factors such as history of abuse, neglect, domestic violence, drug use, alcohol abuse, mental illness, criminality, moral turpitude, and characteristics of the proposed home to both parties so as to figure out who is more fit. That is your opportunity--if you have evidence of her being unfit, use that in court. If you can do so, you could potentially convince the judge to obtain custodial rights. The more rights you obtain and the more time the child spends with you, the lass support you have to pay out. If you obtain full rights, then she will be required to pay you in this instance.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38064
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 8 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions