QUESTION
What proof is needed to stop all support payments according to family law?
Asked on Jan 10th, 2014 on Divorce - California
More details to this question:
My wife is now living (cohabitating) her boyfriend. She sent me her new address and the boyfriend is the owner of the home and they have posted many pictures on a popular social media and did not block access.
4 ANSWERS
Spousal support normally terminates by the remarriage or death of the recipient or a date certain set out in the Order. Unless the order states cohabitation as a reason for changing support, the fact that she is is irrelevant.
Answered on Jan 14th, 2014 at 7:38 AM
You have to take her back to Court. Cohabitation with a member of the opposite sex may not eliminate spousal support but it may reduce it substantially.
Answered on Jan 14th, 2014 at 7:38 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I am unsure what you are asking about when you say all support payments. You cannot stop child support payments until over 18. Spousal support she needs to be married. She may have a lesser need if she is being supported and quit her job.
Answered on Jan 14th, 2014 at 7:37 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You cannot stop child support regardless of who she is living with. You should discuss this with an attorney to ensure you have sufficient information to get a reduction/termination of spousal support. The FC 4320 factors may come into play. You also need to prove what he's earning and that he's supporting her so her needs are reduced. Cohabitation is a presumption of reduced need not a guarantee.
Answered on Jan 14th, 2014 at 7:37 AM