Hello and thank you for the opportunity to assist you. There might be a slight
delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.
I am sorry for your situation. Yes and no. Ca Fam § 4323(a)(1)
does give rise to the presumption that cohabitation
lessens the need for support, but it does not explain what would happen if the cohabitation ended. Nor does your decree.
So there is a presumption that she no longer needs it even if she has now moved out, but you'd have to prove it. Someone in your situation would need to file a petition to modify the divorce decree, and show that there has been a material change in circumstance that warrants that support is no longer needed. A motion for modification of spousal support may only be granted if there has been a material change of circumstances since the last order. (In re Marriage of Kuppinger (1975) 48 Cal. App.3d 628 [120 Cal. Rptr. 654].)
Alternatively, your attorney may simply wish to file a Motion for Clarification
, on the theory that the decree already carries that the support should not be paid, and you are simply seeking to clarify that, and not to modify the decree to include this.
Said motion would be a lot quicker than the other petition.
Either way, you would need go to Court to get this confirmed, I am afraid.
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