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Co-habitation and CS

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VA_Mom

Member
What is the name of your state?What is the name of your state? Virginia

Me and my ex had a child support entered into in 2003 for child #1 during that year we still would see each other and I became pregnant with child #2. While I was pregnant he moved back in with me and we co-habitated at my residence for about 5 months. Then we moved to another place in his name for another 5 months which during that time child #2 was born and I only lived their in and out half the time (staying with a relative) because we were having serious relationship problems. (Yep, a real shocker! :rolleyes: )

Well, I found out a month before I moved that the money which I was giving him for rent he was not giving to the landlord and that an eviction notice was out for the ex. The landlord said that none of the rent had ever been paid. I went and pulled the court documents and it is true nothing was ever paid. I made 40% more income than my ex (W-2's reflect it) at the time and paid for practically everything including giving him money to help out with rent but utilities, daycare, groceries, etc. I paid for which is one of the major reasons why I left. Unfortunately, I cannot prove I gave him the money because I trusted him with making the payments but neither can he show he paid because he was evicted and a judgement was ordered saying not one dime was paid towards the rent.

He has made it a point to leave jobs once child support enforcement finds him and currently has a traveling job which he boasted in court two months ago that enforcement cannot garnish him because they can't find him since he is an independent contractor. (The main reason why I tried living with him because enforcement could not catch up to him and he said he would rather just help me out with rent - basically I was between a rock and hard place.)

Question: Will the court give him credit for the time we co-habitated even though the order for child #1 was never vacated/dropped? And the fact that the ex did not pay on the "shelter" or the CS payments? or am I up the creek while he left me and the children homeless and forced to move in with a relative?
 


B

betterthanher

Guest
VA_Mom said:
What is the name of your state?What is the name of your state? Virginia

Me and my ex had a child support entered into in 2003 for child #1 during that year we still would see each other and I became pregnant with child #2. While I was pregnant he moved back in with me and we co-habitated at my residence for about 5 months. Then we moved to another place in his name for another 5 months which during that time child #2 was born and I only lived their in and out half the time (staying with a relative) because we were having serious relationship problems. (Yep, a real shocker! :rolleyes: )

Well, I found out a month before I moved that the money which I was giving him for rent he was not giving to the landlord and that an eviction notice was out for the ex. The landlord said that none of the rent had ever been paid. I went and pulled the court documents and it is true nothing was ever paid. I made 40% more income than my ex (W-2's reflect it) at the time and paid for practically everything including giving him money to help out with rent but utilities, daycare, groceries, etc. I paid for which is one of the major reasons why I left. Unfortunately, I cannot prove I gave him the money because I trusted him with making the payments but neither can he show he paid because he was evicted and a judgement was ordered saying not one dime was paid towards the rent.

He has made it a point to leave jobs once child support enforcement finds him and currently has a traveling job which he boasted in court two months ago that enforcement cannot garnish him because they can't find him since he is an independent contractor. (The main reason why I tried living with him because enforcement could not catch up to him and he said he would rather just help me out with rent - basically I was between a rock and hard place.)

Question: Will the court give him credit for the time we co-habitated even though the order for child #1 was never vacated/dropped? And the fact that the ex did not pay on the "shelter" or the CS payments? or am I up the creek while he left me and the children homeless and forced to move in with a relative?
Co-habitation has nothing to do with child support.
 

VA_Mom

Member
He is trying to claim that he supported the children with shelter during that time. Therefore, he feels he should have credit for those 5 months we resided at his house. He also has an attorney who is actually petitioning the court to have the support order vacated/dropped during that time period since he provided the children with support in the form of shelter even if it was a false sense of shelter.

He never paid the rent during that time which lead to us having to be homeless and go live with a relative. So I was wondering if the court would dismiss his claim for credit during the living together timeframe. I have a copy of the judgement papers to show that even the rental deposit check he sent the landlord bounced and was never repaid.

Both the children and I have lost out because now we have no home, I cashed out my savings to try and help him repay the landlord which he never did but ran off with the money, and ran up a cell phone which he obtained claiming to be my husband on a family plan leaving me with a $800 cell phone bill (just one month of phone calls!) with interest accruing that I can't afford to pay and has now gone to collections.

Just thinking about the situation depresses me and I hope the court does not view the situation that I took a chance and lost.
 
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