if a married man gets another woman pregnant and wants to be with her instead of wife, what can the wife do?

Question

wife is married with 2 kids that are his and one on the way?
if she were to take him to court what can she get him for...child support, and what else?

in California

Answer 1

can you still sue "the other woman" for alienation of affection? If so then go for it! Also go for everything you can get from the slime ball.

Answer 2

I believe the writting's on the wall with this guy, if he's willing to leave his pregnant wife and two children, for a pregnant mistress, then he is really no man, and he will do it again, because he has no moral compass, his loyalty should at least be with the wife and two children first. Legally, he will pay alot of child support, and until the divorce is final, which could be a long time, the wife could require the other woman not have anything to do with her children whatsoever.

Answer 3

Move on. You deserve better.

The courts will take care of the children, and depending on what state you are in, can provide some spousal support. You need to find a good attorney.

Also remember, although he hurt you, do not put the children in the middle. Sometimes the only way one person can think of to hurt the other is through the children, but in the long run, the only people who get hurt is the children. Your heart will heal, eventually, and the best thing you can do right now is take care of yourself and the kids.

Answer 4

State laws vary widely from state to state. Since you are in California that is the applicable law. California is a 'no fault' divorce state. Either partner can file for divorce. The other partner can't prevent the divorce. Divorces take at a minimum 6 months and 1 day to occur. Child custody and child support is awarded based on the needs of the children. Since California is a community property state, property, money, and debt aquired during the marriage is divided equally. Spousal support (what we call alimony here) is based on the needs of the spouses to maintain a lifestyle comparable to what they had during marriage, and their income.

Because of the 'no fault' concept, in theory the fact that the man cheated and got another woman pregnant has no bearing on spousal support. It has more bearing on child custody, since you can argue that a cheating spouse has shown by his actions that he will be supplying a less healthy environment for the children. Judges and mediators are human, and probably will tend to be a little more favorable in spousal support towards the woman in this situation, but officially they are not supposed to consider it.

So, you probably won't be able to "take him for all he's got" here. On the other hand you definitely will be able to take him for half of what you currently share. You probably will be able to have primary custody of the children. If he makes more money than you do, you will be able to get about half of the difference in spousal support. If he makes more money than you do he will have to pay additional money in child support as well. Do make sure you get at least this, hiring a lawyer if you are not 100% sure that you are getting your fair share. You may be able to take him for a bit more if you he is niave and not well represented by his own lawyer. On the other hand if you are paying for a lot of time for your respective lawyers to duel it out, it can eat through your community property pretty fast.

The main advantage of the 'no fault' divorce policy of California probably is that the lawyers tend to get less and the spouses more on the whole. In other states you can imagine just how long the man in this situation might take up in court explaining how the affair was "justifiable" based on emotional and sexual neglect, and that he has evidence, but not solid proof, of your affairs. A month in court will destroy all but the biggest nest eggs....

Condolences. My advice is to quickly and efficiently get your half of the property and joint current income - maybe 55% or 60% if you don't think it will make him put up a fight and drag it out. If you want full custody of the children try and get that too.

Answer 5

First...Let him go! Bye Bye! What a betrayal! Of coarse the wife would get child support. Alimony depends on the state that she lives in. The assets would most defenitely be split, but because she has two children and one on the way, I would hope that he would give up more. I would hope that she would be able to keep the residence, if they own a home together. This would truly help the kids adjust and feel more secure.

Best wishes to the wife and her babies.

Answer 6

Of course she could sue for alienation of affections and drag him through the mud in court. She deserves more than what she'll get no matter what she does and he'll never get what he REALLY deserves! She can't get what he doesn't have but the children must be taken care of and he is obligated to pay child support.
It's a sad fact that it takes two people to make a marriage but only one to destroy it. He's done that for sure and she'll ultimately be better off without his sorry A>S>S.

Answer 7

Besides child support she could get alimony (especially if she has been home taking care of the children) and 1/2 of all the assets the two own--oh yeah nail him for the attorney fees too. Then be glad to be rid of the low life two timer.

Answer 8

If the husband wants to be with this person all the wife can do is let him go. She does not want to be with someone who does want to be with her............easy said but hard to do I know..but tell her she is better off without this person who does not respect her and does not deserve her..tell her she can get child support and maybe even spousal support and piece of mind................tell her to turn to her family and close friends for moral support. And I wish her all the luck.....

Answer 9

Alimony maybe, depending on the length of your marriage and what state you live in. You more likely will get the house since you have children, and since he's gone out and gotten another woman pregnant. Let him go live with her...and let him pay for your house.

Answer 10

she can get someone to kick the **** out of him of course making sure they get a good many to the balls. nothing to crazy you dont want to kill the stupid cheater, just enough to make sure the scum has no chance of producing offspring. there is no way anyone wants a pathetic person like this to be duplicated. anyway in a divorce settlment she can get a lot. find a good attorney that will take as much from this man as you can. get a lot of advise from many attorneys. they give out advise free.. well most of them

Answer 11

Court is heavy on the mother's side when she's the one doing wrong. With what he's doing you can write your own ticket. Whatever you want the court will give it to you.