Law Office of Edward S. Matisoff

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Former mistress is demanding child support

Many California married couples experience challenges in their relationships, some of which are caused by infidelity. In cases where an extramarital affair has produced a child, things can get quite complicated. A woman in another state understands this all too well. She has stated that her husband’s ex-lover is ruining their life by demanding child support.

The woman says her spouse was unfaithful when he had an affair with a much younger employee. The woman was from another country of origin and, at some point, returned there. Since then, however, the man’s wife says the other woman has been hounding and threatening him, and she is worried that, if something happens to her and her husband, the woman might try to get a hold of their assets.

The couple never divorced after the affair, and they have a child of their own. The wife says she did remove her husband from their jointly owned accounts and also removed his name as beneficiary from her retirement account in her estate plan. A key factor in this case is that the affair occurred many years ago, so if the man’s ex-lover did have a child, he or she would be a legal adult by now.

In California and most other states, child support payments cease when a child reaches the age of 18. In cases where an unmarried parent is suing for child support, paternity must first be established before the court can make a decision. Any man or woman currently concerned about such issues can request a meeting with an experienced family law attorney to learn more about state laws and to obtain help in determining a best course of action according to one’s unique circumstances.