Should i agree to a deal to avoid be sued?

Question

Have been married 6 yrs getting a divorce not a good relationship hubby cheated and got his ex. wife pregnant our first year of marriage along with another affair. I had a long standing on and off affair with an ex.bf that resulted in my 3 yr old son(hubby new this) and to my suprise i just found out my ex.bf fathered my 5 yr old daughter(i had no clue).The divorce has the potential to get very nasty.To avoid this i am considering hubbys deal to liquidate all marital assets 50/50?I would be walking away with nothing but a check and personals but i would also have to drop hubbys name from kids b-certificate or else he will sue me?He said he would be willing to give alimony for 6 months but wants nothing to do with my kids. Take the deal or not?

I had no clue till after the paternity test that my daughter as not my hubbys .

Answer 1

take the deal and move on with your life...perhaps you should start being a little bit more discriminating in your sexual exploits as well....good luck

Answer 2

That is definately a mess but I would definately take the deal. If you walk away with half of everything and 6 months support, go for it. It is kinda sad that after 6 years he wants to just walk out on the kids without anything to do with them. But hey, he has to live with it. Most judges are going to make the marital assets be split 50/50 anyway. I don't understand what he expects to gain by suing you if you don't remove his name from the birth certificates-there isn't really anything he can do about that. He signed them so it's not like you just put in any ole name you wanted. Take what you can get and get out of this situation. Good luck.

Answer 3

the kids aren't his so yes they need to come off the birth certificate and you need to collect child support from the ex that fathered them and give him visitation.
You are only entitled to 50% so take it. The alimony is generally 6 months for every year that you are together so he should be paying you for 3 yrs not just 6 months. Tell him that you agree on the 50/50, the birth certificates but that you would like more alimony until yo can get situated. Maybe he will change his mind later after he cools off about seeing the kids.

Answer 4

In most states he will still be held accountable for child support unless the biological father assumes support responsibilities. It will not matter what arrangement the two of you have the law will not allow no child support to be granted to the children. As for the liquidation, it sounds like a very quick resolution to the financial aspect of the property. Just remember houses can stay on the market for months and both of you will still be making mortgage payments while it is. The both of you messed up. The only thing the judge is going to care about is that the children are taken care of. Usually in a community property state the 50/50 split will happen anyways. If you can support your children then don't collect support from him even if it is awarded.

Answer 5

Are you kidding? Unless I'm missing something, take the deal!

Seems logical to agree to drop this hubby's last name from any kid's birth certificate that is not his; may be difficult for the child (depending on age) but it is probably best long-term. Caveat: I am not a counselor and you should probably consult one.

Sounds like forgiveness and repentance including a return to God would be in order if you want to avoid this in the future.

Answer 6

Take the deal. Consider the options. He takes you to court, and the children's real father is exposed. You are the heavy in this marriage. You aren't given any alimony and get half the house, but your husband sells everything else, without your consent. You end up loosing either way, but by settling, you will at least get some support for awhile.

Answer 7

Nope.
You are entitled to 50% of the assets anyway. Believe or not, whether your husband is the biological father or not, has no bearing on his responsibility to pay child support until they are 18. I know that doesnt sound right, but it has been upheld over and over again, since the courts are only interested in whats right for the children, not the husband. The courts will consider him to be a parent, whether he is biological or not, and therefore assess him with Child Support.
Get an Attorney, and dont agree to anything.

Answer 8

I think your husband is being generous.

You can fight and many of your assets will be given to lawyers, or take the deal.

There is nothing that says you can't ask for a few more things to show up on your side.

However, it's a pretty generous deal.

Keep in mind, he is probably really hurting, finding out that both of "his" kids are not really his kids. So his threats to sue are probably due to his being hurt right now.

Answer 9

Sounds to me like you'd better take the deal. It could avoid any further turmoil in your life and you have too much at stake in trying to have a stable environment for yourself and your kids. Good Luck with whatever you decide to do, but get an opinion from an attorney so you don't make a decision in haste that could legally hurt you and the kids later.

Answer 10

any child born during a marriage is considered part of the marriage. Most states however divide everything 50/50 anyway, so what deal is that? alimony is based on years of marraige and w2's or oncome for both. That is made up by the courts not him. i would not take the deal. he cannot sue you for anything b/c as I said children bron during a marrige are part of it and cannot be sued over as in cannot get money back for having supported them so far.

Answer 11

let me get this striaght - you have no kids together?

Id say the 50/50 would be the easiest way out of this, if you want to avoid the headache.

BUT - check with your lawyer. In some states, the husband is responsible for child support on any children born during the marriage, EVEN IF he is not the biological father.