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.
997364
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 ...

This answer was rated:

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

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 and 8 other Family Law Specialists are ready to help you
Customer: replied 9 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...

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 and 8 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
Relist: I still need help.

Hello,

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

Walter

Customer: replied 9 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

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