Divorcing while pregnant

[IvyAdam]

What is the name of your state? Texas

This is a very bizarre situation. My boyfriend has been officially divorced not quite a year. It turns out that his ex-wife was actually pregnant with another man's child while they were seperated (but he didnt know this). They have a 2 year old daughter together and at the time the ex threatened a protracted legal battle if he didnt agree to a very high child support. He decided to not fight and moved to a higher paying job one state over.

They divorced and she married the guy who impregnated her 5 weeks later. She gave birth 4 months later. Now, my boyfriend is working to lower child support to standard ratios outlined by the state. No more, no less. Plus some basic visitation rights (right now, she gets every major holiday escept father's day and he wants to trade-off every other year). But she is fighting to keep the high support (its $1000 a month for a net of $46,000 a year) and the holiday visitation as it is.

This a delicate situation, but he is wondering if he has any recourse about her swearing to the court she was not pregnant at the time of the divorce? Would that help his attaining standard. Also, if she writes angry emails and hostile messages to both me and him what should we do?

[LdiJ]

Originally Posted by IvyAdam

What is the name of your state? Texas

This is a very bizarre situation. My boyfriend has been officially divorced not quite a year. It turns out that his ex-wife was actually pregnant with another man's child while they were seperated (but he didnt know this). They have a 2 year old daughter together and at the time the ex threatened a protracted legal battle if he didnt agree to a very high child support. He decided to not fight and moved to a higher paying job one state over.

They divorced and she married the guy who impregnated her 5 weeks later. She gave birth 4 months later. Now, my boyfriend is working to lower child support to standard ratios outlined by the state. No more, no less. Plus some basic visitation rights (right now, she gets every major holiday escept father's day and he wants to trade-off every other year). But she is fighting to keep the high support (its $1000 a month for a net of $46,000 a year) and the holiday visitation as it is.

This a delicate situation, but he is wondering if he has any recourse about her swearing to the court she was not pregnant at the time of the divorce? Would that help his attaining standard. Also, if she writes angry emails and hostile messages to both me and him what should we do?

I don't think that the fact that she was pregnant with another man's child and did not disclose it to the court during the divorce, is going to be relevant in a child support modification today.

However, if he nets 46k a year, if I remember correctly TX child support is 20% of net income for one child....which would put his support at approximately 767.00 a month. If you add a share of daycare costs into that, he might end up at 1000.00 anyway.

However, if his net, as TX calculates it, not necessarily what his check nets out, is MORE than 46k, its possible that it could end up even a little higher.

[Ohiogal]

He should immediately file for custody of the other child and petition the court for standard visitation of both children as she lied during the divorce and led him to believe she was not pregnant when in actuality she was. Then he should petition for a child support revision. Legally that child is his as he/she was born within 300 days of the end of his marriage to her.

[Zigner]

Originally Posted by IvyAdam

This a delicate situation, but he is wondering if he has any recourse about her swearing to the court she was not pregnant at the time of the divorce?

This, in and of itself, will have no bearing on the amount of support he is ordered to pay.

[Ohiogal]

Originally Posted by Zigner

This, in and of itself, will have no bearing on the amount of support he is ordered to pay.

Actually it could -- If he sues for custody of the after born child and she testifies to when the baby was born and who she believes the father AND he has the transcript from the divorce hearing where she testified she was not pregnant, then she can be charged and tried for perjury which is a felony. She goes to jail and guess who gets custody? Oh yeah. DADDY! He then wouldnt' have to pay child support. Okay so that takes a while but it would have a bearing on the amount of support he would be ordered to pay.

[osmosis]

Originally Posted by IvyAdam

It turns out that his ex-wife was actually pregnant with another man's child while they were seperated (but he didnt know this).
They divorced and she married the guy who impregnated her 5 weeks later. She gave birth 4 months later.

Just out of curiosity, if the child is not his, as stated by OP, why would he want to sue for custody?

[Silverplum]

Originally Posted by osmosis

Just out of curiosity, if the child is not his, as stated by OP, why would he want to sue for custody?

To screw with his X.

[osmosis]

Originally Posted by Silverplum

To screw with his X.

Rock on.

Thanks, Silverplum!

[Silverplum]

Originally Posted by osmosis

Rock on.

Thanks, Silverplum!

I'm sure OG had deeper legal reasons for her advice -- but it's a dang good way to screw with/punish the X!!

[seniorjudge]

Q: This a delicate situation, but he is wondering if he has any recourse about her swearing to the court she was not pregnant at the time of the divorce?

A: Although she is clearly in the wrong, what harm did it do to him?


Q: Also, if she writes angry emails and hostile messages to both me and him what should we do?

A: I'd love to know the answer to that one myself!

[osmosis]

Also, if she writes angry emails and hostile messages to both me and him what should we do?

Would that fall under harassment?

[LdiJ]

Originally Posted by Ohiogal

He should immediately file for custody of the other child and petition the court for standard visitation of both children as she lied during the divorce and led him to believe she was not pregnant when in actuality she was. Then he should petition for a child support revision. Legally that child is his as he/she was born within 300 days of the end of his marriage to her.

Ohiogal, in the end all that would do is cost both he and the mother unnecessary money in legal expenses, only to have the biological father of the other child establish paternity (which most likely he has already established since he married mom). Also, that would create some pretty danged severe hostility. How would you react if some stranger tried to take your child away from you?

[Ohiogal]

Originally Posted by osmosis

Just out of curiosity, if the child is not his, as stated by OP, why would he want to sue for custody?

Look at the law. Any child conceived during marriage or born within 300 days of the end of the marriage is a child of the marriage. LEVERAGE. A dirty trick but totally legal. If he sues for custody of this child on the basis that this child is his. how likely is she to want to share HER child with him? NONE. But legally he can sue for paternity. If the paternity test comes back negative she pays for it normally. Hence the cost is transferred to her. The child being born full term four months after the end of the marriage proves that she was pregnant during ythe marriage. So to defend and prevent her ex husband from getting visitation to this child, she has to prove that she was pregnant during the marriage. But she has sworn in either testimony or court documents that she was NOT pregnant at the time of divorce. Hence perjury. A felony. So she either allows him to prove she committed perjury, admits to perjury or gives up visitation rights to a HER child.

[Silverplum]

I was right!

And again, managed to avoid typing as much as OG.

Originally Posted by Ohiogal

Look at the law. Any child conceived during marriage or born within 300 days of the end of the marriage is a child of the marriage. LEVERAGE. A dirty trick but totally legal. If he sues for custody of this child on the basis that this child is his. how likely is she to want to share HER child with him? NONE. But legally he can sue for paternity. If the paternity test comes back negative she pays for it normally. Hence the cost is transferred to her. The child being born full term four months after the end of the marriage proves that she was pregnant during ythe marriage. So to defend and prevent her ex husband from getting visitation to this child, she has to prove that she was pregnant during the marriage. But she has sworn in either testimony or court documents that she was NOT pregnant at the time of divorce. Hence perjury. A felony. So she either allows him to prove she committed perjury, admits to perjury or gives up visitation rights to a HER child.

[osmosis]

Okay. I get it now. Thanks, OG.