Cheating is a very important part of the reasons for divorce, and every year the family will receive a lot of divorced parties because the other party has cheated on them. Moreover, cheating will not only affect the relationship between the couple, but also affect the economy, especially if one party gives birth to an illegitimate child after cheating, because of the need to pay child support for the illegitimate child, the impact on the economy is more obvious.
So, when the husband cheats and gives birth to an illegitimate child, and gives the other party a huge amount of child support, can the original wife get it back?
According to Article 1085 of the Civil Code, if a child is directly raised by one party after divorce, the other party shall bear part or all of the child support. This means that the husband is obliged to raise the illegitimate child.
However, the influencing factor of whether or not the maintenance can be recovered is whether the money given by the husband to the illegitimate child belongs to the joint property of the husband and wife and whether it violates the wife's property rights. The Civil Code stipulates that husband and wife have equal rights to dispose of jointly owned property, and neither party may dispose of the joint property of husband and wife without authorization.
Of course, although husband and wife have equal rights to dispose of jointly owned property, the husband or wife also has the right to reasonably dispose of personal income, and the payment of alimony cannot be deemed to be a violation of the right to joint property of the husband and wife because no agreement has been reached with the current spouse, unless the alimony paid by one party clearly exceeds his or her ability to afford it or there is an act of transferring the joint property of the husband and wife.