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I recently filed for divorce after a 6 year long marriage. During the marriage my wife led me to believe, repeatedly, that we were forever. Her kids lived with us, worked full time and paid not a penny to me for rent or board. Now as her son is about to move out on his own, (her daughter moved out a year ago), she has an affair and I file for divorce. She misrepresented her relationship to me, used me, and left. I never would have supported her kids to that extent if I had an inkling it was to be a short term marriage. I want to sue her for 2 years room and board for each of her kids. I figure $1000 / month * 24 months for each kid is $24,000 each, $48,000 for both. Plus $10,000 for college tuition that I paid, plus $2000 that I gave her son when he had a bank loan he couldn't pay. Total $60,000. I don't want money from her. I want to subtract the $60,000 from her alimony payments. Do I have a case?
State/Country relating to Question: California Already Tried: nothing yet
Unfortunately you can not sue you wife or her children for room and board. You would have needed to formally request that her children not live in your house and then seek the funds from the beginning. Any money towards college and bank loans will be considered gifts by the court. Gifts can not be subtracted from Alimony. I understand your problem with the situation but there is not legal way to achieve what you're asking. Sorry.
Lawyer (JD)
Practing General Attorney, Professor and Lecturer of law for two decades