Legal Question in Family Law in California
Does an ex-spouse have to provide a separate bedroom for our 17-year old daughter in order to qualify to receive child support? We have been separated for seven months, with separate domiciles. My ex recently started a sexual relationship with a boyfriend, who is also going through a divorce. Up until a couple of weeks ago, my daughter was the only child living there, though she only visits every other weekend (her school and friends are in my town, and her mother is twenty miles away).
The boyfriend has moved in, and now has his children, ages four and six, living in that house, while he works on *his* divorce. My ex, without discussing with our daughter or with me, moved our daughter's possessions out of the bedroom she used on her visits, and moved her to a futon in her mother's home office, and her stuff into boxes.
My daughter opined that, in order for her mother to get any sort of child support, she should have a separate living space set up for our daughter, and not just jam her into an office. The mother has also stated that our daughter is "more like a house guest now" than someone who lives in her house, unlike her boyfriend's two children.
Any thoughts?
1 Answer from Attorneys
First of all, do not involve your daughter in the conflict between you and her mother. As ambassador of your child, you must cultivate an atmosphere to support the mother daughter relationship even though this responsibility may be a very difficult task in the situation you present.
With that being said. child support and parenting issues are treated as separate concerns by the family courts. If the "office" gives your daughter private living space for what you describe as "her visits" then this arrangement (though not perfect) could be considered acceptable by a judge. However, if you daughter resides at her mother's home, then the position of your daughter having her own room and not live in a room that doubles as her mother's office could be totally justified.
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