You need to continue paying the support order in place unless and until you obtain a court order modifying it. Therefore, the mere fact your ex-wife may have moved in with her boyfriend does not result in an automatic modification of the then existing court order. If you file a Request for Order based upon these facts, you must prove that the boyfriend is supporting your ex-wife. Under the code, there is a presumption that if a supported spouse resides with a person of the opposite sex, it is presumed the person of the opposite sex is supporting the supported spouse thereby decreasing the need for support. However, you would need to prove that the boyfriend is, in fact, paying the expenses of the supported spouse and your children. In such an event, additional income can be imputed to the supported spouse thereby possibly decreasing the amount of money you are ordered to pay the supported spouse. However, this is very difficult to prove since you don’t live in the household and usually in these type of situations, the parties hide their expenses well and make sure the finances are kept separate. Before going to court or before stopping payments, you need to consult with an experienced family laws specialist to give you the appropriate advice on your particular situation.
John Gilligan is a founding partner at the family law firm offices of Brandmeyer Gilligan Dockstader & Davidson, LLP in Long Beach, CA. John has over 30 years of experience handling family law, probate litigation, and estate planning matters. He can be reached directly at 562-431-2000.