Cohabitation...

[mykidsmom2]

What is the name of your state (only U.S. law)? California

Hi,

I am divorced and have been for a year this past April and I get allimony and child support for my 2 kids. Now a friend at work told me about a cohabitation claus. I live with my boybriend and we do share bills. Could my ex husband complain to the courts about me living with my boyfriend and get my allimony taken away eventhough we are not married?

 

[JETX]

Could my ex husband complain to the courts about me living with my boyfriend and get my allimony taken away eventhough we are not married?

Kind of. He could petition the court for a change in support since it is very likely that your 'financial condition' has changed with your 'roommates' income factored in. the court could then consider his income and its effect on your standing.

 

[acmb05]

What is the name of your state (only U.S. law)? California

Hi,

I am divorced and have been for a year this past April and I get alimony and child support for my 2 kids. Now a friend at work told me about a cohabitation clause. I live with my boyfriend and we do share bills. Could my ex husband complain to the courts about me living with my boyfriend and get my alimony taken away even though we are not married?

First off I took the initiative and fixed your spelling.

Now my question. Why do you think it is ok for you to receive the same amount in Alimony that was awarded to you when your bills are essentially half of what they were when you divorced? Do you not see anything wrong with that?

 

[CourtClerk]

What is the name of your state (only U.S. law)? California

Hi,

I am divorced and have been for a year this past April and I get allimony and child support for my 2 kids. Now a friend at work told me about a cohabitation claus. I live with my boybriend and we do share bills. Could my ex husband complain to the courts about me living with my boyfriend and get my allimony taken away eventhough we are not married?

ABSOLUTELY!!! If your boyfriend is doing you, he should support you, not just get a lay every once in a while. Your ex needs to haul your butt into court TOMORROW, and here's the family code section he needs to cite when doing it:

4323. (a) (1) Except as otherwise agreed to by the parties in
writing, there is a rebuttable presumption, affecting the burden of
proof, of decreased need for spousal support if the supported party
is cohabiting with a person of the opposite sex. Upon a
determination that circumstances have changed, the court may modify
or terminate the spousal support as provided for in Chapter 6
(commencing with Section 3650) of Part 1.

 

[tuffbrk]

ABSOLUTELY!!! If your boyfriend is doing you, he should support you, not just get a lay every once in a while. Your ex needs to haul your butt into court TOMORROW, and here's the family code section he needs to cite when doing it:

4323. (a) (1) Except as otherwise agreed to by the parties in
writing, there is a rebuttable presumption, affecting the burden of
proof, of decreased need for spousal support if the supported party
is cohabiting with a person of the opposite sex. Upon a
determination that circumstances have changed, the court may modify
or terminate the spousal support as provided for in Chapter 6
(commencing with Section 3650) of Part 1.

The courts really need to modify this to be cohabitating Period.

 

[CourtClerk]

The courts really need to modify this to be cohabitating Period.

I forsee a change in the way this is written. Up until recently with all of the changes in marriages here, it wasn't an issue that was prevalent. It will be now, but I suspect they will or should wait until November to see how the whole marriage initiative pans out.

However, you are correct, at this point, it needs to say cohabitating with anyone you are in a relationship with. Technically, if I move in with my mom, I am cohabitating... in the sexual sense.. of course not, but you've got to be specific when it comes to legislation.

 

[jim0525]

ABSOLUTELY!!! If your boyfriend is doing you, he should support you, not just get a lay every once in a while. Your ex needs to haul your butt into court TOMORROW, and here's the family code section he needs to cite when doing it:

4323. (a) (1) Except as otherwise agreed to by the parties in
writing, there is a rebuttable presumption, affecting the burden of
proof, of decreased need for spousal support if the supported party
is cohabiting with a person of the opposite sex. Upon a
determination that circumstances have changed, the court may modify
or terminate the spousal support as provided for in Chapter 6
(commencing with Section 3650) of Part 1.

Any idea if the same code or what other code applies in the state of OR? My ex wife is about to move in with her boyfriend and get a new job. At the time of the divorce she was also working a job that pays much less than she is about to be making in her new job and was only working 3 days a week. Thanks for any help.

 

[CourtClerk]

Any idea if the same code or what other code applies in the state of OR?

The same code cannot apply, since what I quoted was CA law.

However, it is rude to (1) revive a 2 year old thread and (2) hijack it anyway