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Divorce adultery and child support

Customer Question
Divorce adultery and child support
Submitted: 2 years ago.Category: Family Law
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Answered in 5 minutes by:
5/6/2015
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,276
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer. Can you tell me a bit more about your situation, what state you're in, and what your specific question is?
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Customer reply replied 2 years ago
Im going through a ugly divorce which my spouse committed adultery and we have child involved
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
And what is your question?
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Customer reply replied 2 years ago
How do i go about this? What will happened to him if i tell the courts about the adultery he committed?
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
Again, can you tell me what state this is in?
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Customer reply replied 2 years ago
North dakota
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
Thank you. I still don't know what you mean by "how do I go about this" as I don't know what you'd be "going about". But first of all, adultery does not affect child support at all. Child support is formula based, not "fault based". Now the court can consider adultery when making a determination of child custody, and the custodial parent usually gets child support. But it doesn't affect child support per se. Nothing will "happen to him" if you tell the courts about the adultery that he committed, except that it might make getting custody a little more difficult. A court is not going to deny him custody or visitation on that factor, and while adultery is technically illegal in some states, it's never prosecuted because it's likely unconstitutional for it to be criminalized. You can bring up the adultery as a factor to seek child custody, and the court could consider it. It wouldn't "do" anything to him, but could be used to bolster your case. Is that the information that you were seeking?
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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
Thank you. I still don't know what you mean by "how do I go about this" as I don't know what you'd be "going about". But first of all, adultery does not affect child support at all. Child support is formula based, not "fault based". Now the court can consider adultery when making a determination of child custody, and the custodial parent usually gets child support. But it doesn't affect child support per se. Nothing will "happen to him" if you tell the courts about the adultery that he committed, except that it might make getting custody a little more difficult. A court is not going to deny him custody or visitation on that factor, and while adultery is technically illegal in some states, it's never prosecuted because it's likely unconstitutional for it to be criminalized. You can bring up the adultery as a factor to seek child custody, and the court could consider it. It wouldn't "do" anything to him, but could be used to bolster your case. Is that the information that you were seeking?
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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
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ScottyMacEsq
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Category: Family Law
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