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?


Asked on 10/10/07, 8:25 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

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.

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Answered on 10/11/07, 1:44 am


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