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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6356
Experience:  20 years of professional experience
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After almost 3yrs of divorce my ex is saying that I'm living

Customer Question

after almost 3yrs of divorce my ex is saying that I'm living with my b/f he has gotten the child support reduced and is looking to get the alimony to stop also, he has turned his whole life around where now he pays for his own personal bill, rent, utilities ect. and has several car payments. I've only been with my new b/f for 5 months and because its summer time and we both have kids its easier and safer for my son to stay there during the week, my son is less than 10 minutes away from me, if he stays home is a little over 20minutes, and I also help my b/f in the mornings by taking his son to rec club. so we help each other out with the summer schedules. I pay for my home and those bills, I don't pay for any bills at my b/f house other than maybe groceries every now and than. what is the CA guidelines, I'm not ready to fully move in with my b/f we've only been together 5 months.
Submitted: 10 months ago.
Category: Family Law
Expert:  Maverick replied 10 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Expert:  Maverick replied 10 months ago.

Answer: The first place to look is in your marital settlement agreement to see if there is a provision calling for the reduction of spousal support if you are cohabiting. If there is no cohabitation provision, then your cohabitation is considered a change in circumstances triggering the CA Family Code's presumption of a decreased need for spousal support. However, you can present evidence to prove to the court that you have a continued need for support despite the cohabitation. If you are not able to meet this burden, then the court may modify or terminate spousal support.