Legal Question in Family Law in California
I am paying support to my ex-wife who is living with some guy. Our daughter (16) who lives with me full time was visiting her mom last week and was looking at her moms cell and seen some text dialog between her and this guy stating comments as more than roomates. My daughter forwarded some of those to her phone and told me about it after the fact. Can I use these to prove co-habitation exist's ?
1 Answer from Attorneys
You probably cannot use those as they violate the electronic privacy laws. It may be better to hire an investigator. Depending upon what you are paying is support it may be a good investment. You should talk to an attorney to discuss how that may affect your support obligation. The family code says that cohabitation creates a presumption of reduced need, not a termination. Good Luck, Pat McCrary
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