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! )
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?
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! )
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?