Legal Question in Family Law in California

My divorce became legal on May 11, 2011. My ex and I are still living in the same house we have a 9 year old. My question he has to pay child support but he says that he does not because we live in the same house. Is this true?


Asked on 10/10/11, 3:02 pm

3 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Your living together does not change the spousal support obligation, but it may change the factors that go into calculating the obligation. If so, your ex could ask for a reduction due to a change of circumstances.

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Answered on 10/10/11, 3:35 pm
Michael Schneider Family Law Center

Well, the order is, what the order is. I am guessing that he is saying that he is paying the household bills in lieu of paying you support. That may be true, but it does not get him out of his court ordered responsibility to pay you child support.

www.FamilyLawCalifornia.com

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Answered on 10/10/11, 4:15 pm

Mr. Schneider is correct. He must pay you what the order says, in cash, unless you agree otherwise. If he wants to get a modification of the order based on his contribution to the kids while he lives with you, he has to go to court and modify the order.

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Answered on 10/10/11, 4:35 pm


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