Legal Question in Family Law in California
Hello, I'm filing for divorce in California because my husband had an affair and that other woman is pregnant with his child. My husband is unemployed for over 2 years and the other woman is about 5-6 months pregnant.
According to him, he didn't know her well, it was a one-time thing, and she will try to ask for child support.
My question is:
If she sues him for child support during our divorce process, which will take over 6 months, will I have to pay her from my salary or from my current savings account(since he is unemployed)?
Thanks.
2 Answers from Attorneys
Not likely. In almost all cases, only the parents are responsible for child support, and only their income is considered when setting the amount. This would be true even if you did stay together. Your income would only be relevant to a determination of his taxation bracket (if your income throws him into a higher/lower tax bracket).
Ms. Ellifritz is right. In addition, once you leave him and file for divorce, your income becomes your separate property at that point. You don't have to wait until the divorce is final. Just put it in a separate account after you file, and it's clear of any claims against him by anyone.
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