I thought this needed to be posted again ladies so here goes.
OC HANDBOOK OF ADVICE
1. Dna results must be established and your H should hire an atty immediately if he hasn't already done so. DO ABSOLUTELY NOTHING ON YOUR OWN ONLY THROUGH AN ATTORNEY SKILLED IN FAMILY LAW.
2. If you have children of your own with your h take steps to protect them and yourself by filing for a psuedo legal separation; because in the case of child support, he who files first gets the most (in most states). It doesn't matter one bit which child came first only who files for support first. So if she files first she gets an amount based on his entire income and if you then get separated/divorced your child support would be based on a percentage of his income less what he's already paying her. Makes sense to protect yourself by filing for a separation that way if you and your husband divorce you will benefit more and if you stay together it will keep more money in your household. Even if you're financially self-sufficient you should still consider setting up a child support order because in these uncertain times you never know what tomorrow will bring i.e. corporate downsizing, etc. It never hurts to have that order in place even if you don't need it now. Also consider having alimony set up in the separation papers as it can also reduce the ow's child support order.
3. Visitation with possible oc or sending money to the ow for the oc is a no-no until dna has been established and the courts are involved. Everything should be done legally as it's the only way to protect you and your family. Trust me on this one. There are couples out there who have been dealing with an oc for several years. Visitation, money, etc. only to discover that the child is NOT his. They are embroiled in a huge legal battle because the wayward husband "assumed" parental responsibilty of the child.
4. Depending on which state you live in your h could be responsible for back child support, internment (costs of labor and delivery), the costs of the dna test if it's positive, current medical coverage and also a portion of child care costs. Any money that passes hands before a court order is made or before an attorney draws up a legal document signed by both parties may be considered a gift and may not be deducted from the back support amount owed. Some states base child support payments on both the husband and the wives income (another good reason to file for a legal separation). In other words the 'household income' is what they use to determine those payments not just the husbands income.
5. Any decisions to have contact with the oc if it is indeed your H's should be made by both of you. He should not be imposing his wants upon you if you want no contact. ANY decisions made regarding the possible oc should be made jointly. Your H should not be having any contact with ow unless you are both completely involved. That means no phone calls, no text messages, no emails, no meetings, nothing and NO SECRETS! PERIOD! But if you're smart--DO ABSOLUTELY NOTHING ON YOUR OWN ONLY THROUGH AN ATTORNEY SKILLED IN FAMILY LAW.
6. Work on your marriage first and foremost before you even consider having contact. A weakened marriage will only be further weakened if you throw the tension of an oc into the mix. Get into marriage counseling and IC if possible. You can look around this board and see how difficult reconciliation is without an oc so take things slowly and think through them very carefully.
7. Contact with oc is a very personal choice. Many women are able to make the decision to go down that road while others are not. There is a lot of drama that goes along with contact, it's not an easy path to choose. Also consider that visitation can be started at any time down the road. If say in two years you are then open to the idea of contact the child won't have suffered if your husband wasn't involved for the first couple years. It won't even know the difference.
8. Remember that if the oc is indeed your husband's child the ow will no longer hold all the cards. If the two of you want contact she can't prevent it. She can't prevent you from being involved, etc. She can't call all the shots, only the courts can. Once she decides to attach paternity to your husband she is forfeiting a portion of her parental rights.
9. Make sure that you dot your i's and cross your t's in the form of legal documents. If you're adamant about no contact, have it in the papers. If you want to prevent her from making contact with your children or extended family put it in the paperwork. If your H is responsible for a portion of child care costs require ow to only use a licensed child care provider which will prevent her from having her momma watch and claim she's charging $250.00 a week when she's really charging nothing at all.
10. Protect your financial assets such as homes, etc. If you don't have a will get one now. If anything were to happen to your ws the ow would be able to fight you for a portion of everything if indeed the oc is his. Many people create a will that specifically excludes the oc or they leave the oc some small stipend such as a dollar so that the old "he forgot to include me" argument can't be used. If you intend to have a relationship with the oc should dna confirm that it's your H's then this is all a moot point.
11. If you and your spouse do decide to have contact document everything. Keep a notebook and list everything possible in it from the time the oc is picked up/ dropped off to whether or not they were dirty when you got them from the ow. This information has come in very handy for others in the same situation that ended up having to fight for custody, etc and it's one more way to protect yourself.