Found out husband impregnated girlfriend before our divorce was final

[studentmom]

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

 

[studentmom]

Sorry, for some reason my question did not post. Our divorce is final and he intentionally waited until after it was final to tell our daughter and myself, girlfriend is approximately 6 months along. I am wondering how this changes anything, if I can open any new charges/or a custody reevaluation (like maybe I can ask for more since he seems to be able to affrord a new baby)? If I can prove that he intentionally withheld this information until after our divorce was final, am I able to change anything (eg get increased child support or spousal support, both of which I waived before)? Can I get him or the other woman charged with anything since, again, this was intentionally withheld? Thank you

 

[studentmom]

Sorry, forgot to add that we were legally separarted for 2 years and had not resided together since 2 years. Husband and girlfriend were living together approximately 3 months before our divorce was final.

 

[Proserpina]

Sorry, for some reason my question did not post. Our divorce is final and he intentionally waited until after it was final to tell our daughter and myself, girlfriend is approximately 6 months along. I am wondering how this changes anything, if I can open any new charges/or a custody reevaluation (like maybe I can ask for more since he seems to be able to affrord a new baby)? If I can prove that he intentionally withheld this information until after our divorce was final, am I able to change anything (eg get increased child support or spousal support, both of which I waived before)? Can I get him or the other woman charged with anything since, again, this was intentionally withheld? Thank you

No. (to everything, actually).

He won't be penalized post-divorce for getting someone else pregnant. CA also doesn't recognize alienation of affection suits, so nothing there either.

Move on with your life. And don't assume that he's the only source of income for his new partner and their child.

 

[studentmom]

Thank you, Prosperina! Just curious, had I been aware the girlfriend was pregnant BEFORE the divorce was final, could I have had things changed or ammended? That is what I don't understand. Thank you again

 

[Silverplum]

Thank you, Prosperina! Just curious, had I been aware the girlfriend was pregnant BEFORE the divorce was final, could I have had things changed or ammended? That is what I don't understand. Thank you again

No. Like Proserpina wrote, move forward.

 

[Proserpina]

Thank you, Prosperina! Just curious, had I been aware the girlfriend was pregnant BEFORE the divorce was final, could I have had things changed or ammended? That is what I don't understand. Thank you again

SilverPlum gave you the correct answer, but just to expand on it a little...

In some states, marital fault or misconduct can be a factor (and sometimes a substantial factor) when deciding custody and/or dividing marital assets. In California, it's a non-issue.

Then there's spousal support. If you've survived without alimony for a couple of years it's going to be hard (if not downright impossible) to convince the court that there is a need for support.

Ultimately it doesn't matter whether your ex was sleeping with the entire Dallas Cowboys cheerleading squad, and it doesn't matter if he impregnated every last one of them - adultery itself is not a factor in your situation and neither are his upcoming child support ... problems. So to speak.

 

[Bali Hai]

No. Like Proserpina wrote, move forward.

Whether it's forward or backward, just move on.

 

[stealth2]

However, if you waived child support (not sure how you or why you did such a foolish thing), I would file for CS immediately.

 

[Zigner]

However, if you waived child support (not sure how you or why you did such a foolish thing), I would file for CS immediately.

I don't see any mention of the OP waiving child support. I do see mention of the OP wanting more child support.

 

[Ladyback1]

https://www.youtube.com/watch?v=L0MK7qz13bU

 

[not2cleverRed]

I don't see any mention of the OP waiving child support. I do see mention of the OP wanting more child support.

Sorry, for some reason my question did not post. Our divorce is final and he intentionally waited until after it was final to tell our daughter and myself, girlfriend is approximately 6 months along. I am wondering how this changes anything, if I can open any new charges/or a custody reevaluation (like maybe I can ask for more since he seems to be able to affrord a new baby)? If I can prove that he intentionally withheld this information until after our divorce was final, am I able to change anything (eg get increased child support or spousal support, both of which I waived before)? Can I get him or the other woman charged with anything since, again, this was intentionally withheld? Thank you

This implies that at the very least she didn't go with the full amount of cs that the state calculator would come up.

Studentmom, if you waived cs completely, apply for a cs order NOW.

 

[Zigner]

...if I can open any new charges/or a custody reevaluation (like maybe I can ask for more since he seems to be able to affrord a new baby)?

True, and this indicates that she didn't waive child support.

In any case, the OP is a bit confusing/confused.

 

[ecmst12]

Isn't there generally a minimum amount of time that has to pass before she can ask for a CS recalculation?

 

[single317dad]

Isn't there generally a minimum amount of time that has to pass before she can ask for a CS recalculation?

Under CA family code §3651:

(a) Except as provided in subdivisions (c) and (d) and
subject to Article 3 (commencing with Section 3680) and Sections
3552, 3587, and 4004, a support order may be modified or terminated
at any time as the court determines to be necessary.

Some states do have restrictions on modification of child support and alimony. I've seen two years in several statutes.