My wife has been having an affair now for two years and is open about it. I moved out of the house a year and a half ago and I am still paying her rent and car insurance.
We went to court and she went back on our agreement and threw a fit which made the judge tell her not to come back until she hired an attorney. We had agreed to 50/50 custody and no child support but she went back on everything she promised.
She has said that she wants support, but I don't feel I owe her anything because she is still seeing this guy and she has had her rent paid by me for the last year and a half. She also refuses to get her own place. Is there anything I can do about this situation or am I doomed to pay support?
ANSWER:
Some states do take adultery into consideration; some do not.
Some states will look at whether her boyfriend is supporting her or capable of supporting her; some do not. Most states will consider whether the boyfriend is a danger or potentially dangerous to the children, so this may affect your chances of obtaining custody.
You may also look at whether it would be advantageous to moving back into the house.
Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.


















