Does Infidelity Affect Child Support?

By Beverly Bird

Infidelity – or any other marital misconduct – doesn't affect child support directly. All states have specific formulas for calculating support, and adultery and marital fault don't come into play. However, there's an outside chance that it might affect the custody terms of your divorce, which may impact your support obligation.

Infidelity – or any other marital misconduct – doesn't affect child support directly. All states have specific formulas for calculating support, and adultery and marital fault don't come into play. However, there's an outside chance that it might affect the custody terms of your divorce, which may impact your support obligation.

Effect on Custody

Although it can vary somewhat by state, issues of infidelity are typically not supposed to have any influence on a court's custody decision unless they have a definite, negative effect on your relationship with your children. If your kids aren't even aware that you had an affair, it probably would not influence the judge. If your spouse wants to make it known that you committed adultery, however, and can prove that it affected your child, there's a chance it might affect your court-ordered custody arrangement.

Divorce is never easy, but we can help. Learn More

Support Calculations

Most states use the income shares model for calculating child support, and the number of overnights your children spend with you post-divorce can affect these calculations. Depending on the respective incomes of you and your spouse, it's sometimes possible that if you share physical custody of your children on a nearly 50-50 basis, no child support would be payable. If the judge rules against joint custody and gives physical custody to your spouse based on your infidelity, it could result in your children spending less nights with you, and this in turn could mean a higher child support obligation.

Divorce is never easy, but we can help. Learn More
Divorce Based on Adultery in Illinois

References

Related articles

Do Men Get Children in a Divorce in Oklahoma?

In years past, it was almost a foregone conclusion that when a father faced divorce, he was going to lose custody of his children. This antiquated "tender years doctrine" held that children -- particularly young ones -- needed to be with their mothers. Most states, including Oklahoma, have shelved this rule. If you're divorcing in this state, the court neither awards nor denies custody based solely on the fact that you're the father.

Florida Divorce Laws on Infidelity

No-fault divorce states, such as Florida, grant divorces on the premise that sometimes marriages just don’t work out. The spouse who wants to end the marriage doesn’t have to prove that her partner committed any wrongdoing. She only has to tell the court that the marriage can't be saved. However, if her spouse was unfaithful, and if she can prove his infidelity, Florida law allows judges to take it into consideration when deciding certain issues.

Adultery & Legal Rights

Adultery is considered a crime in some states, although spouses typically don't go to jail over it. If you or your partner has strayed, more pressing concerns are how it might affect your divorce and what rights you have when it comes to defending yourself or receiving recompense for it as an innocent spouse. The effect of adultery on your divorce depends a great deal on what state you live in.

Get Divorced Online

Related articles

Who Gets Custody in an Adultery Case?

Although a spouse's infidelity can be hurtful, his indiscretions usually have no effect on a court's custody decision ...

Does a Spouse Having an Affair Affect the Distribution of Monies in a Divorce?

State laws vary as to whether marital misconduct -- such as adultery -- can influence issues of property division or ...

Dating During the Temporary Custody Phase of a Divorce in Oklahoma

Oklahoma's divorce statutes don't include a specific prohibition about dating. They don't say that if you go out for ...

What Happens in a Divorce if the Husband Has Cheated in Illinois?

Experiencing infidelity in a marriage is never an easy thing. If you're divorcing your husband because of his cheating ...

Browse by category