If a new partner moves in with the primary custodial parent, does the other parent still pay spousal and child support?

By Cynthia Ann Brassington
December 27, 2017
If a new partner moves in with the primary custodial parent, does the other parent still pay spousal and child support?

They would have to still pay child support because child support belongs to the child, it does not belong to the parent. So that obligation does not change but spousal support, yes, can change. In New Jersey we do have an anti-cohabitation statute that does affect that, and in New Jersey, your former spouse to whom you are paying alimony, does not have to live with their paramour physically in order to affect that. We look to the intertwined finances such as joint bank accounts, sharing joint responsibility and recognition of the family, basically whether or not that party is living in an intimate relationship.

If you do suspect your spouse is now residing or in a cohabitation event and you are paying alimony, I encourage anyone to come see me and discuss that.


New Jersey attorney Cynthia Ann Brassington is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney, and regularly helps people to resolve their divorce-related issues, from property division, to child support, and custody. To learn more about Cynthia and her practice visit www.LinwoodFamilyLaw.com.

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December 27, 2017
Categories:  FAQs

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