Child support after adultery

There are many painful factors that can cause California couples to split up. When adultery leads to a divorce, however, tensions can run especially high. If the couple has children, matters can become even more complicated.

It is perfectly understandable that a wronged spouse may feel entitled to additional consideration when a marriage ends because the ex has a new partner. This may be particularly true if the wronged spouse has primary custody of the children. He or she may feel as though the spouse who caused the marital breakup should have to pay additional child support.

However, the law doesn’t work this way. The conduct of the spouses during a marriage typically has no real impact on how much child support one parent must pay to the other. If a couple can’t come to an agreement about child support on their own, the courts will use a mathematical formula based on the noncustodial parent’s income to determine the amount of support required.

However, a parent who leaves a marriage to live with a paramour may, in rare instances, end up having to pay more child support than his or her income would normally require. One example of this scenario would be if a spouse moves in with a lover who pays their bills. The courts may rule that the money being saved is “imputed” income; therefore, this may be factored into the child support obligations.

A parent who is considering divorce could benefit from speaking with an experienced family law attorney. A lawyer might be able to review the client’s situation and make recommendations regarding financial issues, such as support payments and asset division.