What you are asking is if you have a dissipation of marital assets claim.  That depends on the entire set of facts and circumstances here and you should speak with your attorney about the difficulty in proving that. Understand, though, that child support is not an option to pay.  It is intended to make sure a child is taken care of by a parent rather than the state.  And the child is the innocent party so the courts may not view this as a dissipation but case law and tha facts will resolve that.  Know that if there is an order of support you have no leg to stand on. Good luck.