Do I Still Pay Alimony if My Ex/Wife is Pregnant With Another Man’s Child?
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Summary
Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, but she also filed for alimony. I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. |
“My wife and I have been separated for 10 years and I live in New Jersey and she lives in Florida. We have 2 children together and recently I had another child with my current fiance’, which is why I have finally decided to file for a divorce.
Once my “wife” found out that I was having another baby and was engaged to be married she tried to go after me for child support, which I had been paying her directly for the last 10 years, But she also filed for alimony. She actually ended up getting less child support than I was giving her but the judge did give her temporary alimony until our divorce is final and he makes a final decision.
Now, here is my problem, I have been attending our court hearings for the last several months by telephone because I live 1,100 miles away and it would be too expensive to fly down there for every court date; however I just made a physical appearance at our last court hearing this week and when I showed up, low and behold my soon to be ex-wife looks to be about 6 months pregnant, and this was confirmed by her attorney. now to me this a good thing because she’s no longer my problem. My question is, do I still have to continue to pay her alimony, now that she is pregnant by another man? I don’t know if the man is living with her or not, all I know is she is going to be having a baby in the next couple of months.
Of course she’s not going to admit that she is living with another man because she knows that her alimony will be cut off, but I need to know if there are any laws stating what happens when the wife/ex-wife gets pregnant. I don’t think it’s fair that I have to continue to support her while she carries another man’s child.”
Unless and until the order for alimony is modified or terminated, you are still required to pay that alimony. I know of no jurisdiction that would relieve a person of a duty to support simply because their ex is impregnated with another man’s seed.
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For more on this subject check out these categories: Alimony, Spousal Support, Divorce, Family Law
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.