To All:<P>The following is a portion from the letter I received form the Dallas attorney:<P>As we discussed over the telephone last week, in 1987 the Texas Legislature all but eliminated a plaintiff spouse's right to bring a civil cause of action against a third party in cases of adultery, either through a claim of criminal conversation or alienation of affection. See "Texas Family Code" {{1.106-1.107. In the case of Twyman v. Twyman, 855S.W.2d 619 (Texas 1993). However, the Texas Supreme Court adopted the tort of INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS as worded in Section 46 of the Restatement. <P>Given Ms. OW's predatory nature and the peculiar facts of your case, specifically her intent to take advantage of your husband's mental illness, I believe we can bring a civil suit against Ms. OW on these grounds in good faith.<P>Furthermore, because your husband is willing to participate as a plaintiff in your lawsuit against Ms. OW, I believe we can distinguish your case by emphasizing that Texas law only bars claims for criminal conversation and alienation of affection "by one spouse." Likewise, Texas courts have upheld an alienation of affection claim brought by BOTH spouses where one spouse was sexually assaulted and the trauma of this event subsequently damaged the couple's marital relationship. Although in your case, no direct threat of violence was made against your husband, threats of physical violence were made against you that form the basis of a legitimate cause of action for assault. In your case, I believe Ms. OW's premeditated extortion of your husband through her pregnancy constitutes both INFLICTION OF EMOTIONAL DISTRESS and INTENTIONAL INTERFERENCE WITH THE FAMILIAL RELATIONSHIP. (Helena Laboratories v. Snyder, 886 S.W.2d 767 (Texas 1994). Therefore, because her actions were intentional, and your damages arise out of a crime or tort other than mere adultery, you and your husband should be able to make a claim for tortious interference with familial relations against Ms. OW. (see Helena, supra)<P>Finally, while the initial presumption of any Texas court will be that you do not have a civil cause of action against Ms. OW for alienation of affection, the facts of your case make it a good one both to test the limits of the statutory prohibition and the local judiciary's commitment to their "family values" rhetoric. As I said before, I think Ms. OW's actions are a menace to society and should be stopped. Consequently, I hope to send a message to the public so that other families are not victimized by this kind of predatory opportunism in the future. Since you and your husband agree, I look forward to representing you both in this matter.<P>Sincerely, <P>Dallas Attorney<P>To All, this attorney is bringing this suit against OW on a contingent basis, knowing full well she has no money. However, he is looking to shake things up and perhaps to garner other similar lawsuits in the future...and he wants to make a difference...and probably be on Oprah. Whatever his motives, I hope it will be a catalyst to discourage potential OW's from ruining the lives of innocent families and hopefully bring about support reform. <BR>We once talked about a sliding scale for child support here on this forum. I would like to see this become a reality one day. <P>Friday's the day, Kids. I'll report back next weekend with an update.<P>(Bystander and Popeye...are you lurking?)<P>Catnip =^^=<P>

Hi Catnip,<P>I think back to the laywer who supported Flyn the porn peddler. He did not even like Flyn as a person nor what he stood for but he took the case for what it ment. Freedom of speach for everyone. <P>Your lawer might be doing the same. Setting precedent(spelling?). It also might be to further his career. What ever he has done his research and feels that he will win. First and for most that is a plus. From the letter it really seems he knows what he is talking about. But please do not get your hopes up too much. It could go either way.<P>I thought you and David were getting a divorce? Is that still the case. I have to say I am very facinated with the way you are handling yourself. I sometimes wish I could be the hell cat you are. : )

Catnip:<P>Wow! You go girl! Any emotional pain, discomfort, fear and emotional misery you can cause the ow I say GO FOR IT! Even if she doesn't have dime, just the damn inconvenience, embarrassment and trouble is worth it. One good turn deserves another! Good luck with it all!<P><BR>Comfort<P>

Oh Catnip,<BR>I am so damn happy for you. This attorney might just be the answer to your prayer. He sounds just as passionate as you are about this case. With all the work you have put into this case and in repairing your marriage, you deserve this long-awaited, well-deserved victory. And its going to be a victory Catnip, I know it is!!!!

Amen to what comfort says...way to go Cat!

Pahakissa:<P>We are divorcing, but not because we don't love each other. Only because we have no other alternative. <P>The courts in NY are demanding my husband give them all but $400 of his net income every month. Needless to say, this is not right, and we cannot live like on that. <P>If we are divorced, and my husband's salary is his only income, they can only take what is his and will be forced to readjust the amount and the arrears, because he will have to live, too. They will finally see we were not lying and that we really do have nothing and that we really were credible witnesses under oath. <P>They ignored our income tax returns and focused on what the business did in 1996 & 1997...a couple good years....they are basing their decision on a couple decent years BEFORE my husband ever met OW. They believed we were hiding assets, refused to speak to my accountant to clarify things I am not qualified to answer and did not know. <P>The only recourse we have is to divorce in an effort for me to keep what little I have left without the long arm of a very aggressive court system stripping me of everything I have worked so hard for. Granted, the business is dormant and my house has a huge business loan attached to it, but I want to retain these things. My house is a modest two bedroom bungalow...but, ohhhh, if you could see the lot we're on...I just can't give it up. I can't let NY attach anything to my house, so in the divorce, my husband is giving me a quit claim deed turning it over to me. If NY carps about it, too bad. My family and I invested more than $50,000 into this business, I raised his two children for him and frankly, I refuse to allow NY step in and whisk anything away from a wife of 20 years for a conniving trollop of three weekends.<P>I truly appreciate all your support and regardless of what happens, I will gain a great deal of satisfaction with my counter strike. I am going into this knowing full well that OW has nothing; I wouldn't want her money anyway. This is all pure principle, nothing more.<P>Catnip =^^=

Hi Cat,<P>I would do the same. I think you should protect your assets. Good thing David agrees. I just feel that this day and age has gone the understanding of what Honor, Integraty, and Justice mean.<P>It is more like a hedonistic society. Get what you want when you want it. Not a good thing.<P>I will pray that you get the outcome you are looking for. One question though. If you are not looking to win money what do you want to win. An omision from her that she puposufully went out to steal from you and destroy your family. Scare her into backing off and then using the case in NY to get child support lowered? Just wondering.

I'm so proud of you Catnip. Keep it going. Let us know if you need anything. <BR>And keep us informed if this attorney knows any others who would support the same case in other states. Take Care. LP<P>p.s. Did you see the game Sunday? Good one. <P>------------------<BR>Lost Soulmate<P>"Character is doing what's right, when no one is looking"

LSM:<P>The game was a good one. I went to my son's house and ended up watching him and his fiancee watch the game...their enthusiasm was hilarious...both big fans. I am football illiterate and played with the cat.<P>Pahakissa:<P>There are many factors that are propelling me into this lawsuit. One, of course, is to get the support reduced, which will probably happen anyway, when David is no longer married to me and has only his income to consider. The other issue is to whack the OW hard, not so much for revenge, but to teach her she shouldn't lie about me on a phony OFP to get revenge on me, and, most of all, to not let this entire injustice go without a fight. <P>I know I couldn't live with myself if I just sat back and allowed the corrupt legal system and the immoral, callous OW get away with destroying my life. If I am going down, I am going down fighting like a wild cat.<P>Catnip =^^=

I am stunned.......<P>Absolutely fabulous news. My eyes are just tearing that there would be an attorney with some ethics who's willing to take on a case for the betterment of society. My faith in humanity is restored. I pray you find the justice you so richly deserve in Texas!

Hey Catnip-<BR>Glad things are going so well for you. This lawyer sounds like a real baracudda, you will need that. NY is VERY ruthless and relentless when it comes to child support. I personally think it stinks that you have to get divorced but, you guys need to protect BOTH of your interests. One bit of advice for you though... As strange as it may seem, have the child support go through child support enforcement.. They keep impeccable records in terms of payments (that way NOONE can say a payment was not made,etc.) and it is taken right out of the non-custodial parents paycheck, and they (CSE) provide lawyers if need be.. You don't want to get whalopped in terms of back CS or anything like that.<BR>Just keep plugging on and good luck...<P><BR>

Hey Cat,<P>I did not want you to think that I do not support what you are doing. I do. Personally my entire reason for doing what you are doing it to show the OW that I was not one to screw with. <P>I was just asking. I admire the way you stand up for yourself. In your case it really is needed. She is a really bad looser. <P>Will David and you ever get re-married? How do your children feel about this? I wish I was more like you in a lot of ways.

P.Kissa<P>Our three grown children do not know about this, for a variety of reasons. The 'fling' was three weekends two years ago, that came on the heals of other catastrophic events that somehow overshadowed the fling and it's importance. Had they found out about the pregnancy, the child, the hearings in NY and the devastation it has brought to us as a couple, they would be absolutely horrified. His drinking problem and inability to stay sober for any length of time and his suicidal tendencies, keep everyone on alert as it is. This news about the child would put everyone under. The respect factor coupled with the disappointment on top of everything else would be more than any of us could stand at this point for many reasons I don't wish to get into here. As far as we are concerned, it's no one's business but ours and it isn't any of our children's business either. <P>With OW and OC 1800 miles away and not wanting anything to do with my husband or with me, it is a pretty safe bet our families need never know about this.<P>If my husband is able to work a program of recovery and not get complacent and pull himself together, I would consider remarriage. Because, I love him and can't imagine my life without him.<P>Catnip =^^=

Hi Cat..I just want to say it is a sad situation when a family has to divorce because the government takes the side of an invader (ow) and seeks to destoy what you have worked so hard for. Uh! Makes me sick!<BR>Are you and your H still going to be living together? How is he dealing with all this?<BR>You are such a strong woman! Well...at least you know your H made a darn good decision when he chose you for wife. You are a blessing to your family Catnip. I really admire you.<BR>God Bless...

Thanks for your kindness, Broken Wing.<P>Yes, we are and will continue to live together until all the dust settles and we can decide what we are going to do about the future. My husband has a lot of anxiety over going through with this divorce. He is frightened that it will be permanent; but whether or not we remarry is up to him, his recovery and what effort he wants to put into a plan of recovery, both for our marriage, but primarily for his own sobriety.<P>He has good days and bad. He manages to stay sober during the work week but when the weekend comes, he drinks.<P>I feel myself shut down when the entire weekend is spent in an alchoholic haze. <P>He told me yesterday he realizes what he is doing to me and to the marriage, but the remorse he feels is so intense, that he is compelled to escape the only way he knows how. He can't stand what he did...to me, to himself and to our marriage and he is having a tough time forgiving himself, even though I have forgiven him.<P>I am bowled over and in complete awe of the strength I've found within over the past two years. <BR>God gave me amazing strength to get through this, so it isn't really me, it is Divine Intervention. God gives us all incredible strength to get through times like these. I am sure you have noticed strength within you that you were never aware of before. <P>Catnip =^^= <p>[This message has been edited by catnip (edited September 19, 2000).]

Dear =^^=<P>I am very happy and encouraged to hear of your latest legal battle. When you win, you should let the reporters know of this 2nd landmark case, after the precedent case. This will jolt the public and OWs and OMs as well as the OW-wanna-bes and OM-wanna-bes.<P>Most OPs are not afraid of prinicples as they usually have hide as thick as a rhino, and can even manipulate the facts under the glare of media scrutiny. Some work this to their advantage. Monetary compensation is usually the scare factor that would make OPs and WSs think twice about injuring others. (Am I right???)<P>I also wonder what type of damages were awarded to the precedent case - was it monetary or public apology or restraining order. <P>When it comes to the judgement and the judge, you will need to put your trust in Jesus. Have you tried praying and fasting about the legal case? Please read my reply to cjack under General Questions II because I know again that God is full of grace and mercy if you let him into your life.<P>"Almighty God, I entrust Catnip's (her nickname on this MB board) legal battle in Texas and anywhere against the other woman whom her husband had an illicit relationship with some years ago, in your hands. I pray for swift justice on the other woman and that this case will help jolt others that to prey and destroy marriages will be condemned by the law as well as is by God. In Jesus' name I pray, Amen."

Catnip, <BR> As you know I'm trying to find an attorney who is like-minded with your Texas gem! Please tell him that the hopes and broken hearts of many of us are with both as this unfolds.. I know I am not the only one who is watching your case closely and hoping, finally, to see some justice rendered in your case.<BR> I plan to copy the portion of this post with your attorney's comments. Perhaps if I can find someone who is at least willing to consider a case such as ours, he or she can contact your attorney for guidance, since we are all in uncharted waters.<BR> Good luck. I'll be thinking of you.