Question: I caught my wife cheating again and I don't think I should pay her child support when we get divorced. I found out that my wife was contacting an old boyfriend on Facebook and I found out that they spent a weekend together in Atlanta.
Now I know that we're going to get divorced and I don't want to pay her child support. I don't think it's fair that I have to pay child support to someone if they have an affair. When I confronted her about her infidelity she admitted that this was not the first time she has seen another man. I think she had sex with her car mechanic.
But she doesn't want to get divorced because she doesn't work and I earn all the household income. She wants to go to marriage counselling and she says I travel too much for business. I told her that I wouldn't pay her child support if we got divorced.
I need to know if she will get child support if we get divorced because she had an affair.
E.B. in Roswell, Georgia
Answer: If she is the custodial parent after the divorce, then you will have to pay child support. It is not relevant that she cheated with another man. Child support is meant for the children so a court will not use it to punish a custodial parent.
If you, however, are the custodial parent, then you would likely not have to pay child support to her.
Take advantage of our lengthy and valuable experience as child support attorneys, including serving as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney.
When you need a Roswell child support attorney we will answer any questions you have and help you navigate through the entire child support process. We handle cases throughout the Atlanta metro area and North Georgia.