How did he catch her? I always see these threads but they never mention how the trifling spouse got caught.
He's taking care of a 1.5 year old...they nap and play by themselves a lot. He would have a LOT of freetime, he probably snooped around her phone records and such. If she had a smartphone he can see where she is almost 24/7 with the right apps.
Texas is a non alimony state I do believe. He also has almost no chance of primary custody if shes anything this side of a crackhead.
This. Also, using the knowledge I gained from my one summer course of family law at UHCL I will only reiterate what everyone else has said: He won't get custody because the courts will favor the mother and she is the one with a job. Hopefully when they first married he didn't sign anything that already spelled out how these things were to be handles if a divorce did occur. If he wants custody he should plant cocaine in her car.
I am speaking from experience unfortunately. Texas really doesn't give a f*** about if she is or was cheating. Trust me. My ex-wife was bringing my son around her and the guy, going off on a day trip to Galveston like they were like a little family, etc, etc. I had pics, emails and everything. My lawyer told me point blank that those things improved my chances but really, unless she's a drug addict or beating the kid, the guy has little to no shot at getting custody (especially if the child is under 10 years old) and, either way, it would take a ton in lawyer's fees to get to that point. My lawyer even said that maybe I should cut my losses and see if I can just work out the best co-custodialship situation possible with her and save the money. It might improve his chances slightly due that hes the one being the care-taker every day for the child. But, again, it's such a steep hill to climb for the guy to prove he deserves to have full-custody. I've read that there are other states that do take an affair into account, but Texas just ins;t one of them. But, if you or your friend have any questions, feel free to ask me and I'll do my best to give you tips or advice or whatever based on my experience alone.
Umm what would that solve? Regardless of the paternity, I'm sure he wants to be in the kid's life. If he isn't the father, he will have no chance.
That is not true. Texas generally doesn't have alimony unless it is agreed upon between the two parties. They only thing he can get is maybe, and I mean maybe, spousal support. In order to get this, he will not have to make enough money to support himself on his own or he is disabled. I do not know all the details but he won't get alimony. You are right in saying he won't get custody. The mother is always given the primary custody unless she voluntarily gives it up, or she is a convicted felon (even that doesn't mean she won't get custody), or you can prove without a doubt she is a meth head and an unfit mother. Edited: I had Alimony and Spousal support in the wrong spot.
That would solve 16.5 years of child support. He could be a part of the kids life without being responsible for a child that is not his. I think a paternity test is very sound advice.
That lawyer is ass raping your friend. It doesn't cost that much to have a contested divorce. Obviously not all of the information is provided (do they jointly own a house, or did he/she have the house before they met, etc. etc.) All of that would have to be worked out. $30,000 for a divorce is outrageous.
No **** right. Looking at those numbers would make me just want to cheat on her and get even and just wear a condom if I ever do her again.
Alimony is agreed between the two spouses. The court can not provide Alimony. This usually happens when the couple jointly owns a house or business and the one that keeps the house/business will pay the other spouse their share to offset the loss. Spousal support is court ordered. In order to get spousal support you typically have to be married for 10 years or longer (unless family violence has occurred or something along those lines). Spousal support will usually only be granted by the court if one of the spouses does not make enough money to take care of their needs or they are disabled.
But he risks her being vindictive and cutting him out completely. At least now he has a right to see the kid. Maybe he wants to open that door, that's his decision.
You don't even have to do that officially anyway. You can do a fairly accurate paternity test online... I think it just involves a kit and some cheek swabs... ... don't ask me how I know this, lol. point being, he can do it without the wife knowing, and decide what he wants to do when he gets the results... they obviously won't be official, but could give him piece of mind.
