Salma Hayek's Husband, François-Henri Pinault, Is the Father of Linda Evangelista's Son
07/01/2011 AT 08:45 PM EDT
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.' "
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