Alimony / Custody

[RCC79]

So here is my story. I am in the military stationed in Florida (home of record: TX) my wife (home state: IL, also where we were married) and I have been married about 8.5 years and have 2 children (6 & 3). Recently she had a one night stand with some random guy and we started marriage counseling.

About a month and a half into it she starts and online affair with some guy in Canada. I found proof that she paid for a passport, and copied pages of her diary that talk about her intentions to go see him, along with a few emails between them.

Since then she expressed her desire for a divorce. We agreed to a 6 month seperation so we could focus on ourselves. I still want to reconcile, but she is pretty much done. She is still in contact with the Canadian and doesn't even try to hide it. I am not supporting her financially now.

So I guess what I'm asking is: Can I use any of that information to avoid paying spousal support and preventing her from having custody of my children?

[Attorney Howard Iken]

Adultery is a touchy issue. You can bring it up - but do not lean on it too heavily.

Whether it will impact custody is up to the personal beliefs of the judge. These types of things are very dependent on which judge you get.

[RCC79]

I'm not too concerned with the custody. She isn't trying to take them away from me. I'm more concerned with the spousal support.

If she can afford to pay for a passport and fly to Canada, does she really entittled to my money?

[Attorney Howard Iken]

Sorry, not enough info here. I doubt the existence of a passport will eliminate a valid alimony claim.

[RCC79]

So the latest news: My "wife" has planned her trip to Canada, she plans to drop the children off in her home town in Illinois. My question: Can I file an injuction to stop her from taking my children out of the state?

[Attorney Howard Iken]

Most definitely - yes.