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?
3 Answers from Attorneys
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.
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.
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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.