My girlfriend/lover lives in CT, is unhappily married and has a 5 year old son. She is seeking to end her marriage but if her husband found out about our affair, is there legal precedent to prevent him from paying her alimony and child support?
Divorce / Separation Lawyer
The issue of adultery has no bearing on child support. The amount of child support is based on the parents' financial circumstances, the child's needs and the ability of the non-custodial parent to pay. The amount of child support is set by statute unless certain deviation criteria apply.
Under Connecticut divorce law, the reasons for the breakdown of the marriage is a factor the court must consider in awarding alimony and/or distribution of marital property. Adultery usually would be raised as a reason for the breakdown. In my experience, however, adultery will not be a huge factor in awarding alimony and almost never is grounds for denying alimony altogether.
The factors affecting the award of alimony are: (1) the length of the marriage; (2) the causes for the break-up of the marriage; (3) the age of the parties; (4) the health of the parties; (5) the station of the parties; (6) the occupation of the parties; (7) the vocational skills and employability of the parties; (8) the estates of the parties; (9) the needs of the parties; (10) the property division; (11) the desirability of custodial parent securing employment; and (12) the existence of other factors. You should link to the website below to learn more about the factors affecting alimony and have your girlfriend call for a consultation.