The supermodel has filed a petition seeking support in a New York court

By K.C. Baker Dahvi Shira
July 01, 2011 08:45 PM
Anthony Harvey/PictureGroup; Dominique Charriau/WireImage; INF

Salma Hayek‘s daughter, Valentina Paloma Pinault, 3, has a second half-brother.

According to court papers recently filed by supermodel Linda Evangelista, her son, Augustin James, 4, was fathered by Hayek’s husband, François-Henri Pinault. Hayek and Pinault wed in 2009, but dated since 2006, around the time Evangelista got pregnant. (Pinault has two other children – a son and a daughter – from his previous marriage, which ended in divorce in 2004.)

Now Evangelista has filed a petition seeking support from the French businessman, 49.

“In the filing, it says the child ‘was born out of wedlock to [petitioner] Linda Evangelista, 46, and that [Pinault] acknowledged [her] allegation,’ ” a source familiar with the filing tells PEOPLE. “It says, ‘It is decided that Pinault is the father of [Evangelista’s son], Augustin James.’ ”

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It has not been determined how much support Pinault will be obligated to pay for his child with Evangelista.

“All that’s left is for a magistrate to go over the father’s filings and make a determination of support, which will last until the child is 21,” the source says. “[Pinault] is asking to be able to testify by phone.”

Meanwhile, another source tells PEOPLE: “This is no Schwarzenegger case. No one was married. There was no infidelity.”

The Pinault family’s luxury goods empire is reportedly worth $16-18 billion. Pinault’s 2010 salary was $5.4 million, according to Bloomberg Businessweek.

In New York, where the court papers were filed, the law requires a father to pay 17 percent of what he earns in child support. This would mean Pinault should owe around $920,000 for that year.

Reps for Hayek, 44, and Evangelista have not returned request for comment.

Additional Reporting by PETER MIKELBANK