Legal Question in Family Law in Michigan

Child Custody/Spousal Support

Does the presence of an extramarital affair have an effect on the outcome of child custody/spousal support?


Asked on 11/16/00, 11:15 am

1 Answer from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Child Custody/Spousal Support

The short answer to your question is that it could. While Michigan is a no-fault State, the courts can consider fault in the property distribution. This could affect spousal support if the spouse seeking support was the one carrying on an extramarital affair.

As to custody, Michigan Courts use a variety of factors to assist them in determining the best interests of the minor children. The extramarital affair will be only one such factor and could have little or no impact on the overall decision; providing the other factors weigh heavily on the side of the spouse involved in the extramarital affair. Good luck.

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Answered on 11/27/00, 7:06 am


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