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How Cohabitation Effects Child Support

Friday, November 24, 2017
How Cohabitation Effects Child Support

While it is often shown that many divorced couples live apart after divorce this is not always the case. In some recently severed marriage, neither party has the means to support themselves on their own. As such, they end up living their new life with their ex-spouse and children still in the home together so they have a stable environment. While this affects a lot of social aspects in the home, how does it affect child support payments?

In many cases, cohabitation does not have much of an effect on child support. However, it can make day-to-day financial aspects a little fuzzy for some couples. It could be argued that since you bought breakfast, then that is for the care of the child and should be deducted from what you owe, but typically courts will shoot this down. You will likely still be on the hook for the financial amounts.

There are some cases in which one parent experiences "substantial change" to their financial means that can cause child support to be modified, but often this is due to loss of employment or injury rather than cohabitation.

In other cases, one parent may waive child support from the other parent in an effort to combine income and care for the child in their best interest. This can be a mistake if it isn't clear or legally stated that payment needs to be restarted once the ex-spouse moves out.

Overall, cohabitation between divorced parents can be a tricky business because it can throw a wrench in so many divisions that happen during a divorce. If you are cohabitating and want to lay down the ground rules, contact us today.


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