QUESTION
Do I have legal grounds for a reduction in my child support payments?
Asked on Aug 10th, 2011 on Divorce - California
More details to this question:
My ex wife (& 10 year old daughter) moved in with her boyfriend and his kids. She is now sub-letting her former apartment to her boyfriend's mother. I currently pay $1,800 p/month in alimony and child support. In the last year, her auto insurance lapsed, her car was repossessed and later towed for expired registration, she skipped out on a 1/2 months rent to leave her former apartment to move in with her boyfriend, I have paid for our daughter's school field trips, school supplies, & health care. Do I have legal grounds for a reduction in my payments?
2 ANSWERS
Patricia C. Van Haren
You have grounds for the termination of alimony based on your ex wife's cohabitation with another man. The courts have a presumption that cohabitation is a change of circumstance which is sufficient to modify or terminate the alimony. You should consult an attorney as you will need to thoroughly brief the cohabitation issue to the court. Alimony terminates when a spouse is remarried. Now that more couples are living together rather than living together, many courts view cohabitation as tantamount to a remarriage. Child support will not be modified as is based solely on timeshare of the parents and their respective incomes.
Answered on Aug 12th, 2011 at 12:34 PM
This is too complicated an issue to be able to fully reply in email. You should meet with an experienced family law attorney. The fact that your ex wife has not handled her money well, or her car has been repossessed are not grounds to modify your child or spousal support. Unless your wife remarries your spousal support will not be reduced. Sorry. You may be able to lower your child support but that to do with your income and your former spouses income.
Answered on Aug 12th, 2011 at 12:29 PM