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[poedcaligirl]

What is the name of your state (only U.S. law)? california

I just learned my husband of 4 years whom i have 2 children with has another child and due to the infidelity i am considering filing for divorce. He wishes to go to counseling and work things out but a friend of mine told me to i should file for a legal seperation, custody and support because how i found out he had another child was a request for paternity testing from another state where this woman now resides.

My friend tells me that if i file for seperation, custody and support first i will receive a rightful amount to support my children while we determine if we will or will not work out but if i wait until the other woman has an order i will get a decreased amount based because her support order will decrease his income. Is this true?

My friends husband has two prior children and they just recently divorced and she states that is what happened to her. I am inclined to believe her can someone share some expertise on this matter with me please?

 

[LdiJ]

What is the name of your state (only U.S. law)? california

I just learned my husband of 4 years whom i have 2 children with has another child and due to the infidelity i am considering filing for divorce. He wishes to go to counseling and work things out but a friend of mine told me to i should file for a legal seperation, custody and support because how i found out he had another child was a request for paternity testing from another state where this woman now resides.

My friend tells me that if i file for seperation, custody and support first i will receive a rightful amount to support my children while we determine if we will or will not work out but if i wait until the other woman has an order i will get a decreased amount based because her support order will decrease his income. Is this true?

My friends husband has two prior children and they just recently divorced and she states that is what happened to her. I am inclined to believe her can someone share some expertise on this matter with me please?

Your friend is correct, assuming that you can get an order for support of your children before the other woman can. Based on the fact that the other woman's case has started already, its iffy if you can get a support order prior to hers. You would certainly have to move quickly.

 

[poedcaligirl]

I am hoping because she is in another state i can file for seperation and support faster then she can get one pushed through her state or alternately because he wants to fight with her and not me that i can get my order through prior to her state coming to california for an order.