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Does Having A Child After Divorce Effect Spousal Support

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Mars4Dude

Member
California, it appears as though once a former spouse gets married again spousal support usually stops. My question, what if the former spouse receiving spousal support has another child with a different partner after divorce. Would the court reduce or stop spousal support in that situation?
 


LdiJ

Senior Member
Mars4Dude said:
California, it appears as though once a former spouse gets married again spousal support usually stops. My question, what if the former spouse receiving spousal support has another child with a different partner after divorce. Would the court reduce or stop spousal support in that situation?
Why would you think that would reduce or elminate spousal support? Because of child support? Child support would be for the support of that child...not for her.
 
A

absconder

Guest
double dipper

This womans gonna get 2 checks a month now!!!Shes going for financial independence.
 

Mars4Dude

Member
Another marriage penalty

LdiJ said:
Why would you think that would reduce or elminate spousal support? Because of child support? Child support would be for the support of that child...not for her.
When a divorced person receiving spousal support lives with another partner, and they produce a child from their relationship, they are functioning as a family. While formal a marriage has not been entered into, the cohabitating partner is performing the function of the former spouse. In this case, it looks like a reasonable effort has been made to become self-supporting. With the loss of spousal support from entering marriage, marriage is discouraged. I see this as another marriage penalty.
 

LdiJ

Senior Member
Mars4Dude said:
When a divorced person receiving spousal support lives with another partner, and they produce a child from their relationship, they are functioning as a family. While formal a marriage has not been entered into, the cohabitating partner is performing the function of the former spouse. In this case, it looks like a reasonable effort has been made to become self-supporting. With the loss of spousal support from entering marriage, marriage is discouraged. I see this as another marriage penalty.
Ah, but you are assuming that the former spouse is actually LIVING with the person who fathered her child. The OP didn't state that nor is that a given.
 

Mars4Dude

Member
You will not believe this

:D You will not believe this but she asked the judge to terminate spousal support and the court granted her request. I guess it can pay to forgive ones former spouse, and work towards an amicable relationship. She did admit to cohabitating with a person of the opposite sex in open court. I sincerely appreciate all of your efforts. Thank You!
 

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