Can I sue my husbands mistress?

Asked about 1 year ago - Cape Coral, FL

married for 4 years at the time only had 2 kids 1 is severly autistic. he decided to have an affair with a waitress at his work i was a stay home mom and when I found out I took the kids and left to live with my parents in NC. after I left she moved in (didn't pay rent or utilites that were in my name and got stuck with he bill) it only lasted 2 months before he realized the big mistake he'd made and came crawling back to me. this was 3 years ago in ohio we've been rocky but tirng to fix our marriage. we DONT want a divorce! just put the past behind us and move on. to start fresh we moved back to FL I support us now. he stays home and watches our 3 kids now which we both decided is best for our kids. now shes sending us papers for child support! he has no $! can I sue for pain and surrerin

Additional information

she hmu via FB saying shes pregnant with my husbands child. tho no test were done to prove this! she contacts me! as to try to ruin our relationship again. I asked her if she needed $ for an abortion "no im having this baby and I dnt want his help or him to be a part of its life" so we said ok and moved on. later wants him to sign his rights over so her BF can adopt him. ok send the papers. never got them! now 3 years later she wants child support from my unemployed husband! can she do that!? she knew she was sleeping with a married man! if he doesn't pay he can go to jail & taken from our kids ,hes very involved in there lives! now our children and myself are the one who will suffer the consequences! shes just bitter she didn't ruin our marriage after the numerous time shes tried!. I refuse to take care of a child from a woman who had sex with my husband! what do I do?? can I sue her for ruining my life and putting such a strain on our marriage?

Attorney answers (4)

  1. Richard McLeod Hinds

    Contributor Level 3

    3

    Lawyers agree

    Answered . No. Based on the information I do not believe so. Also, the child has a right to support from your husband and if she seeks child support your husband may be ordered to pay.

  2. Andrew Michael Bonderud

    Contributor Level 14

    3

    Lawyers agree

    Answered . No, I don't think you have a claim against her for pain and suffering.

    Andrew M. Bonderud, Esq. is an attorney The Bonderud Law Firm, P.A. He offers free consultations 24/7. Andrew's... more
  3. Eileen D. Jacobs

    Contributor Level 14

    3

    Lawyers agree

    Answered . No. Florida does not recognize an action for alienation of affections, which is the name for the type of lawsuit that you are considering.

    Nothing in this post should be considered as specific legal advice, since the attorney has not been made aware of all of the facts and has not reviewed the pertinent documents. Further, this post is for informational and educational purposes and does not establish a lawyer-client relationship.

    Eileen D. Jacobs, Esq.
    Office: 2505 W. Virginia Avenue
    Tampa, FL 33607
    (813) 877-9600
    Mailing: P.O. Box 14953
    Clearwater, Florida 33766-4953
    (727) 787-6595

  4. Robert Jason De Groot

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The cause of action for alienation of affections was abolished decades ago.

    R. Jason de Groot, Esq., 386-337-8239

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