Q: My ex wife for 4 years has been living with her boyfriend for over a year and another before that. Alimony? California
My 16 year old visits and tells me everything. I have social media info. that verifies their relationship and it's seriousness. She also only has her daughter 8% of the time when it's supposed to be 30%. How much will it cost to correct this?
A: It's not a "correction". The fact of her cohabitation is grounds for modification of an existing spousal support order if the cohabitant has income and that income is used to contribute to the household expenses/cost of living expenses. It is not relevant to child support however. Her parenting time (percentage), on which child support was based, may be grounds for modification of your existing child support orders.
Robert Kane agrees with this answer
A:
Living with a romantic partner (cohabitation) can be grounds for modifying or terminating spousal support in California, as it creates a rebuttable presumption of decreased need for support. Your evidence from social media and your child's testimony could help prove this cohabitation.
The significant deviation from the agreed custody schedule (8% vs 30%) is another important issue that warrants court attention. You can file a motion to modify both the spousal support and custody arrangements. The cost typically ranges from $2,000 to $5,000, depending on whether your ex-wife contests the modifications and how much court time is needed.
Consider gathering as much documentation as possible before filing: social media screenshots, text messages, and a detailed log of actual custody time versus the court order. You might want to start by sending a letter through your attorney documenting these issues - sometimes this alone can bring the other party to the negotiating table, potentially saving you money in legal fees. You can contact the California State Bar for referrals to family law attorneys in your area.
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