How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Walter Your Own Question

Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
Type Your Family Law Question Here...
Walter is online now
A new question is answered every 9 seconds

I stay at my boyfriends house...my daughter is staying in ...

Customer Question

I stay at my boyfriends house...my daughter is staying in my home...but that is still my legal address..my x-husband is taking me back to court claiming I no longer should get ailmony because I stay with my boyfriend and my daughter contributes to the bills in the house..how many days do I have to stay in my home a month..to keep this legal..thanks
Submitted: 6 years ago.
Category: Family Law
Expert:  Walter replied 6 years ago.

Hello,

Staying your other home one day a week would not constitute residency in the home. There are no set amount of days you must stay in the home. Cohabitation is when two people are living together as a couple. Since you are living with the boyfriend this would be considered cohabitation since he is paying the bills in his own home and you are living there.

In the end it is up to the judge to decide what constitutes cohabitation when you have your own home. Since others are living there this is going to give strength to his claim that you are not residing there and are in fact renting it to others.

You must be very careful of this situation, if you attempt to lie or perjure yourself and are proven to be lying you can be held in contempt of court and can face perjury charges.

In the end I would advise you to just be truthful with the judge and allow him to decide if this would be cohabitation or not.

Walter

Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience: Family Law Consultant Specializing In Interpretation Of Family and General Law.
Walter and 9 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
My lawyer already replied to the summons..and she knows all that I have told you...and she denied that I live with my boyfriend and that I live at home...I was served the summons at my boyfriends house..and also any further mail from his attorney has come to his address to...should I just stay in my home every night now....would it make a difference..the court date is 5 months away...
Expert:  Walter replied 6 years ago.

Hello,

Are you sure you want a attorney that would have you perjure yourself? Your attorney is acting in a unethical manner and should you get caught in perjury she will be the first to claim she had no knowledge of you living with your boyfriend thus allowing you to carry the burden on these actions.

Either way, if you are going to claim you are living at home then that is what you will want to do. Keep in mind it isn't that difficult to get proof from private detectives and witnesses that you are living there so you will want to keep it honest if you wish to go this route. At the least you will want to do now what you are claiming you have already done.

Your boyfriend will want to start returning the mail as "Not a resident"

Walter

Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience: Family Law Consultant Specializing In Interpretation Of Family and General Law.
Walter and 9 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Relist: I still need help.
Expert:  Walter replied 6 years ago.

Hello,

Did you need anything else? Or would you like a second opinion?

Walter

Customer: replied 6 years ago.
Reply to Walter's Post: I will being staying in my home for now on...my question is..The cash I receive in my home from my daughter and friend as a contribution towards my mortage(it pays my mortgage)will the judge consider this income? and Am I allowed to stay at my Boyfriends at all? Even after the case is over? Thanks Walter
Expert:  Walter replied 6 years ago.

Hello,

The money you receive can be considered as income in this case. Since the alimony is to pay your bills the court will have to take this into consideration. As for staying with your boyfriend this is not going to happen even after the case is settled. If you go back to living there your husband can start the process over again.

Since the law requires that you are not cohabitation with anyone that is what you must follow. I know this is not a easy situation but the fact is the courts will consider him as not responsible for you if you are cohabitation with someone else.

Walter

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney