std caused cancer does spouse pay support?

[email2red]

Illinois, married to spouse 2/12 years. Spouse filed for divorce and has moved out of the home. There are no children of the marriage but wife has sole custody of three children from prior marriage.

History, wife is disabled from post traumatic stress disorder and is receiving SSA disability. Disability date 1999. Met husband in 2002, married husband in 06/2003. Wife was diagnoised with cervical cancer in March of 2004, resulting in complete hysterectomy, caused by infection of HPV (a std) by husband. Cancer has reoccurred, gall bladder was removed, and current there are non malignant lesions on liver. Infection of this virus at age 45, combined with reoccurance lead to high probability that wife will die within the next five years.

Children are 10, 10, 15; wife makes $9,000 per year disability income; husband makes $110, 000 per year disability income.

What is husband's legal responsibility to wife, and to children?

[seniorjudge]

Q: What is husband's legal responsibility to wife, and to children?

A: None to children but you should certainly have your lawyer include this in your current lawsuit.

[rmet4nzkx]

Originally Posted by email2red

Illinois, married to spouse 2/12 years. Spouse filed for divorce and has moved out of the home. There are no children of the marriage but wife has sole custody of three children from prior marriage.

History, wife is disabled from post traumatic stress disorder and is receiving SSA disability. Disability date 1999. Met husband in 2002, married husband in 06/2003. Wife was diagnoised with cervical cancer in March of 2004, resulting in complete hysterectomy, caused by infection of HPV (a std) by husband. Cancer has reoccurred, gall bladder was removed, and current there are non malignant lesions on liver. Infection of this virus at age 45, combined with reoccurance lead to high probability that wife will die within the next five years.

Children are 10, 10, 15; wife makes $9,000 per year disability income; husband makes $110, 000 per year disability income.

What is husband's legal responsibility to wife, and to children?

SSDI will continue for children after mom's death until children turn 18. Where is child support order for these children from their father?

Can she prove that she did not have HPV which is very common before she met her husband? Can she prove catching HPV from husband caused Cervical Cancer?

Here is a resource for women in IL, she may want to contact groups advocating for battered and abused women, sexual assault, disability groups,
[url]http://www.illinois.gov/gov/women2/resourceguide.cfm[/url]
Since she maried him when she was already on disability, it is possible that she may be able to get some form of spousal support and possibly some form of child support but she will need an attorney. It is possible that if she can prove her contentions re her husband causing cancer intentionally there may be some action for assault and battery under Illinois law, here are some re HIV transmission but the concept may apply to other STD's so she will need an attorney to respond to his divorce petition and to negotiate any settlements. 720 Ill. Comp. Stat § 5/12-16.2 Class 2 Felony A person commits criminal transmission of HIV when he or she, knowing that he or she is infected with HIV (1) engages in contact with another person involving the exposure of the body of one person to a bodily fluid of another in a manner that could result in HIV transmission (2) transfers, donates or provides his or her blood, tissue, semen, organs or other potentially infectious body fluids for administration to another person, or (3) in any way transfers to another any nonsterile IV or intramuscular drug paraphernalia. The actual transmission of HIV is not a required element of this crime. It is an affirmative defense that the person exposed knew that the infected person was infected with HIV, knew that the action could result in infection, and consented with that knowledge.
20 Ill. Comp. Stat. § 2310 / 2310-325 Class A Misdemeanor In performing the technique of human artificial insemination, no person shall intentionally, knowingly, recklessly, or negligently use the semen of a donor who has not been tested for HIV or who has tested positive for HIV or any other identified causative agent of AIDS.
20 Ill. Comp. Stat. § 2310 / 2310-330 Class 4 Felony No person may intentionally, knowingly, recklessly, or negligently use the semen, corneas, bones, organs or other human tissue of a donor unless these bodily**************.

[email2red]

Yes to both questions, can she prove that she was uninfected with HPV prior to intimate relations with spouse, and yes, she can statistically prove that the infection is indeed responsible for the cervical cancer.

Thank you, I think you are correct that this situation goes beyond just support and into more criminal and civil litigation, not only to the wife but also to the children who will lose the only parent they know.

[bononos]

You need to read up on HPV a bit.
Men DO NOT know they carry it.
A man cannot intentionally infect someone if they have no idea they carry it.
Had she been good about getting yearly paps?

Approximately 20 million people are currently infected with HPV. At least 50 percent of sexually active men and women acquire genital HPV infection at some point in their lives. By age 50, at least 80 percent of women will have acquired genital HPV infection. About 6.2 million Americans get a new genital HPV infection each year.
The types of HPV that infect the genital area are spread primarily through genital contact. Most HPV infections have no signs or symptoms; therefore, most infected persons are unaware they are infected, yet they can transmit the virus to a sex partner.
(primarily-doesn't mean exclusively)

[rmet4nzkx]

Originally Posted by email2red

Yes to both questions, can she prove that she was uninfected with HPV prior to intimate relations with spouse, and yes, she can statistically prove that the infection is indeed responsible for the cervical cancer.

Thank you, I think you are correct that this situation goes beyond just support and into more criminal and civil litigation, not only to the wife but also to the children who will lose the only parent they know.

While she may be able to prove she didn't have HPV prior to marriage proving all the other points is another problem, a statistical proof is theory not proof in the forensic sense and proving his knowledge and intent is another. However he knew she was on disability when they married and that can be proven. You didn't answer the questions about the children's bio dad/s.

[email2red]

Originally Posted by rmet4nzkx

While she may be able to prove she didn't have HPV prior to marriage proving all the other points is another problem, a statistical proof is theory not proof in the forensic sense and proving his knowledge and intent is another. However he knew she was on disability when they married and that can be proven. You didn't answer the questions about the children's bio dad/s.

The biological father pays child support through an automatic deduction ($700 per month), he has no contact with the children. Spouse stepped into the role of father by his own choice, with knowledge of the emotional effect that this would have on children.

Wife can not prove, and does not want to alledge that spouse intentionally infected her . . . but does that mitigate his responsibility for the damage that he caused? Statistically it can be testified to with over 95% accuracy that the cervical cancer was a result of the HPV infection. Just as statistically it can be shown that the mortality rate of this type of post treatment reocurring cancer after 5 years is 100%.

[email2red]

Originally Posted by bononos

You need to read up on HPV a bit.
Men DO NOT know they carry it.
A man cannot intentionally infect someone if they have no idea they carry it.
Had she been good about getting yearly paps?

Yes wife had been getting yearly paps, and had a clean bill of health one year prior to becoming intimately involved with spouse. Wife also has a complete medical history of infertility which would have uncovered the HPV.

I understand that the spouse may not have known about having the HPV, and do not wish to claim otherwise. Yet, the question remains does he have a legal obligation of support or other retribution for the damage caused. Can he just file for divorce and walk away from the traumatic events to come that he initiated.

[stealth2]

Also - can she prove that HE is infected? That's yet to be mentioned.

[Rushia]

Originally Posted by email2red

Yes wife had been getting yearly paps, and had a clean bill of health one year prior to becoming intimately involved with spouse. Wife also has a complete medical history of infertility which would have uncovered the HPV.

I understand that the spouse may not have known about having the HPV, and do not wish to claim otherwise. Yet, the question remains does he have a legal obligation of support or other retribution for the damage caused. Can he just file for divorce and walk away from the traumatic events to come that he initiated.

There is no way to prove who infected who. Just because you had clean bills prior means NOTHING. That virus can sit in your body for up to 15 years before a symptom will show.

[seniorjudge]

Originally Posted by Rushia

...There is no way to prove who infected who....

Who infected whom.

Don't make me tell you this again....

[Rushia]

Originally Posted by seniorjudge

Who infected whom.

Don't make me tell you this again....

Tell me what? Sorry about grammer. Long day.

[seniorjudge]

[quote=Rushia]...Sorry about grammer....[/QUOTE]

Grammar!

Don't make me tell you this again....


(The English teacher inside of me is really acting up today.)

[Rushia]

[quote=seniorjudge]

Originally Posted by Rushia

...Sorry about grammer....[/QUOTE]

Grammar!

Don't make me tell you this again....


(The English teacher inside of me is really acting up today.)

Who infected whom...
Who infected whom...
Who infected whom...
Who infected whom...
Who infected whom...

Is that better?

[seniorjudge]

Originally Posted by Rushia

Who infected whom...
Who infected whom...
Who infected whom...
Who infected whom...
Who infected whom...

Is that better?

I cried with joy!