Legal Question in Family Law in California

Hubby just had child w/another woman, Am I financially responsible?

My husband had an affair 3 years ago and now has a one year old child with the woman. We are still together and she is now going for child support from my husband. He is not working. I work part-time. Do I have any financial obligation?


Asked on 7/07/04, 4:24 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Hubby just had child w/another woman, Am I financially responsible?

You are not personally responsible to pay but joint assetts may be used to pay and his responsibility and order from court will be based on his ability to earn not just his actual earnings.

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Answered on 7/08/04, 12:02 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Hubby just had child w/another woman, Am I financially responsible?

You do not have a personal responsibility to support the child, however, your jointly owned assets may be attached to pay his child support. He can be ordered to pay support based upon his ability to earn, not just his actual earings. Therefore, although he is not working he could be ordered to pay child support. Good Luck, Pat McCrary

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Answered on 7/07/04, 6:12 pm


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