Original post:Ok I’m married and my husband is commiting adultry.He recieves ssi and my 2minor kids are not entitled to ssi and he’s also not obligated to pay he child support.My question is the woman that he’s now living with can I sue her for breaking up my marriage and taking away my kids father and financial support.Can she be entitled to support our kids….
Reply:You have an interesting question and the substance of the relief you are looking for used to be a fairly common type of suit, and perhaps still is in some states.It was generally known as an “alienation of affection” suit and was brought against the person who interfered with the marriage contract -a contract in which fidelity between the parties was afforded some degree of protection.In cases where a third party was proven to have interfered with the marriage, that is, the third party “alienated the affections” of one of the spouses (generally through adultery), then that third party could be sued the damages suffered by the innocent spouse.Unfortunately, the last case I found that even brought up the subject was in 2009 and made it clear that the alienation of affection argument has really never been supported in Louisiana.Louisiana law does not recognize a cause of action for intentional infliction of emotional distress based solely on allegations of an extramarital affair. The cause of action is similar to one for alienation of affection which has never been actionable in Louisiana. Price v. Fuerst, 3rd Circuit, 2009Incidentally, this case was brought against the lawyer who represented the wife in a divorce case, and then had an affair with her. He ran into some ethics issues, but the suit against him for damages by the husband was dismissed on a motion for summary judgment.
Reply 2:If the children are his, you should go back to court, in my humble opiion. Louisiana has a state minimum child support order and he should be ordered to pay it. If he is getting SSI there is also a stipend for biological children; please go to social security and see about it. He IS required to pay if the law is applied correctly and IF they are his children. The law is very clear that the children if they are biologically his or adopted, get a portion of his ssi.When you do this (take him back for child support) what you CAN do is ask to have the money she supports him with counted as income. This is called “in-kind). So if she is paying a 1200 dollar mortgage and he lives there for free and it would rent for 1200….his “in-kind income” would be 600. Same for proportion of utilities, use of a car, etc. Be very sweet and kind to her as you subpoena her financia stuff and point out, you don’t want HER money, you only want your husband to support the kids based on his lifestyle.(She won’t be happy).
File the child support order, and in your state let them know that he is on SSI. They can garnish his wages from SSI just as well as they can with an employer! And I will tell you, the federal government does not waste time doing that for single mothers! They will garnish that money fast as anything. Even if he is on disability, he still is a father, and needs to help support his child! Good luck with your ventures
That would only apply if they are his biological children. If they are not, she has no claim. Given the route she wanted to take, I suspect they are his step-children.