Can I get child and spousal suppot if my husband had an affair? 19 Answers as of September 24, 2011

The Court looks only to the length of the marriage to the date of separation, in determining the duration of Spousal Support. On short-term marriages, the Court generally awards Spousal Support for 1/2 of the duration of the marriage to the date of separation. The time you lived with your husband before the marriage is irrelevant. You would likely be entitled to child support, especially if you have primary custody of your child or children.

While an affair can possibly justify an award for spousal support, condonation of the affair may prevent it from being considered. "Condonation" is a legal term that essentially means you behaved in a manner that forgave the affair. If you remain together (whether or not you undergo counseling) after finding out about an affair, you are considered to have condoned it. A party to a marriage having an affair has absolutely no bearing on child support.

Yes, but not just because he had an affair. When you file for divorce the court will be required to establish child support based upon using both parents' income and the facts concerning where the children live after the court decides how parenting time will be divided between the parents. You can also request spousal support and, if you and your husband cannot agree on that, the court make a decision after considering all the relevant facts and circumstances - there are no fixed rules as to whether you will get spousal support.

Child and spousal support are based upon your and the children's needs and your husband's ability to pay. His affair has little if anything to do with the amount of support. If you are a stay at home mother and he earns good money, he should pay spousal and child support.

If you're still married he is potentially liable for spousal support and is always liable to pay child support (under new york state law).

You are going to have to get a job. You have a short-term marriage. You may get "LIMITED DURATION" alimony, but at the end of the day, you need to make a plan as to how you expect to take care of yourself. Of course, you will be child support. I always remind clients that you can't spend the same money twice. There is only one pot of money. Going together as a teen ager does not really add to the marriage term equation.

Child support is mandated and if he has not been paying child support, you could attempt to obtain back child support or at the very minimum, obtain a support order from here on out. Alimony is requested huring the divorce proceedings; if it wasn't requested in the divorce action it is waived forever. However, if you haven't obtained a divorce, you could ask for alimony - you must qualify and the qualifications for alimony depend on the situation. The court looks at the contributions to the marital relationship each party made, the disparity in income and other factors. Infidelity is not a grounds for alimony or support.

If there are minor children of the marriage and they are in your care, then you would likely be able to get child support. Spousal support is questionable due to the low amount of time of marriage prior to separation.