Question 1

What is the name of your state? Georgia

My current husband (I haven't divorced him, yet) had an affair and now has a child with the other woman. His name is on the birth certificate. There was not a DNA test. My H is currently unemployed. If OW decided to ask for child support, would my income be looked at in order to determine the amount?

No, but your JOINT assets could be frozen, seized or liened. If YOU bought the house, for example, you may wish to make sure only YOUR name is in title. And keep your checking, car, savings and securities in your name alone.

Also, did he acknowledge paternity without even requesting a DNA confirmation? Bad move.

Everything is currently in both of our names or just in his. So, your saying I should begin putting everything in my name? Yes, he acknowledged paternity without DNA testing. I told him it was stupid as well and even ordered a DNA testing kit. H says it is not needed. He KNOWS child is his.

H says OW would never try to get $$. This is still a concern of mine. I have my own children to worry about. I don't want to get stuck supporting his extras!

I haven't divorced him, yet [ quote ]

Well, get on the ball then. Change what you can into your name, and consult with a divorce Lawyer . ASAP , If you're that worried .

Sorry, I wasn't clear. I'm not sure that I am going to divorce him. I am undecided because I would actually lose a lot by divorcing. I want to look at various scenarios and have some idea of what the possible outcomes could be. In this case, I would like to know what OW rights would be if we stay married...could my income be taken into consideration if OW asks for child support(in the state of Georgia)?

I want to look at various scenarios and have some idea of what the possible outcomes could be.

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Divorce: Loss of dual income and 1/2 marital assets.

Shot to the leg: Assault with a deadly weapon and approximately two months of in-home care.

Shot in the heart: Murder charges along with a roommate called "Bella" who calls you sweetie just before bed.

Irena Bobbit Ploy: Loss of marital pleasures (or not).

Shot in the head: Probably no different outcome. (He is from the south after all).

The court likely wouldn't recognize your DNA test anyway - it would need to be done through a court-sanctioned lab. If he voluntarily acknowledged paternity, there may be little you can do with that regard.

Since he is unemployed, if she goes for child support, the court may impute him an income based on what he is capable of earning. Where the money comes from to pay it will be his problem.

Not helpful. I'm not asking you to judge my situation. I'm asking a specific question about child support. If you don't know, then leave it alone.

stealth2...thank you. That is helpful. So they would look at his education level, what he's made in the past...that kind of thing? Not at what I make, right?

unlucky lady said:

Not helpful. I'm not asking you to judge my situation. I'm asking a specific question about child support. If you don't know, then leave it alone.

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BULLCRAP. You're asking how to protect your assets and/or hide them because your hubby, whom you can't decide whether to divorce or not, is having problems with his ex.

In other words, it's not a marriage, it's a business deal.

Is that how you had your children also? Did you order them online?

You're a piece of work lady.

Again, you are judging the situation rather than answering the question. I just wanted to know how the LAW would handle the situation, not what you personally think.

They would look only at his earning capacity. The reasons behind his unemployment may also come into play. However, once the amount is set, if it's not paid as required, arrearages will begin to accrue. Including interest. It builds up very quickly. So if he's not able to pay it, you'll have to decide if you'll pay it to keep that from happening. Anything that you have which is joint, will be subject to seizure if he gets far enough behind.

Now, before you go rushing off to move everything the two of you have into your name only, realize that the courts are not stupid. If it's obvious that all of the assets have been moved out of his name for the purpose of avoiding support payments - the court will not be pleased and may penalize him for it.