Legal Question in Family Law in New York
adultery and child support
part 1: I have been separated for 1
year,divorce almost final. Husband
admitted to starting a relationship
with another woman almost 6
months ago. Do I have any recourse
since divorce is not, was not final
yet?? even though we are leagally
separated??
part two: divorce uncontested with
provisions for child custody and
support. Husband makes 4x more
than I. How can I change child
support amount etc if divorce is
final?
1 Answer from Attorneys
Re: adultery and child support
Part one: Adultery is a cause of action, not a form of torture. You are already getting divorced an added cause does not get you anything more.
Part Two. If he is making 4x more than you that should have been taken into consideration at the time of the divorce decree. If the agreement does not take the difference into accord, wait about 6 months and then apply for an upward modification in the FAMILY Court.
Good Luck.