Co-Habitating In California

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Co-Habitating In California

Unread postby iamthedad » Fri Feb 24, 2017 7:12 pm

Divorced since 2014, 50/50 Joint legal/physical of D10 and S6.

Wondering what anyone knows or thinks about cohabitating in Ca. I'm paying spousal support (got 1 year left of a four year sentence). The NJ started renting rooms in the home almost literally the day she had me removed. Today she's renting to two men. This income was never disclosed of course. I suspect she's dating one of them but I've had people tell me that in CA simply living with someone at least has the potential to allow for a reduction or even removal of spousal support, assuming I could prove it of course.

I could do a public records request I guess? Might show who's living at the address?

Worth the drama? Should I just leave it alone for another year? Thoughts?
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Re: Co-Habitating In California

Unread postby BartSimpson » Fri Feb 24, 2017 7:18 pm

There is a legal threshold for cohabitation that has not been met. Anyone who told you that simply living together is sufficient to prove cohabitation was absolutely not correct.

This answer is provided with an approach that isn't always from a place of compassion and the rather obtuse edges of the law.
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Re: Co-Habitating In California

Unread postby iamthedad » Fri Feb 24, 2017 7:24 pm

BartSimpson wrote:There is a legal threshold for cohabitation that has not been met. Anyone who told you that simply living together is sufficient to prove cohabitation was absolutely not correct.

This answer is provided with an approach that isn't always from a place of compassion and the rather obtuse edges of the law.


Nobody told me it was factual, on that there might be potential. Can you elaborate on the legal threshold that has not been met?
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Re: Co-Habitating In California

Unread postby Tom Kirkpatrick » Fri Feb 24, 2017 7:24 pm

iamthedad wrote:.....I've had people tell me that in CA simply living with someone at least has the potential to allow for a reduction or even removal of spousal support.....
^^^^^.....in a relationship equivalent to that of marriage. Very difficult to prove.

1) Dig out your decree, dust it off, and read it. What does it say about alimony termination and/or modification??

2) Also: Cost-benefit analysis:
Q: How much alimony remains to be paid vs how much it would cost to fight this in court??
Ans: Only 12 months left?? It's not worth it.

Tom
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Re: Co-Habitating In California

Unread postby BartSimpson » Fri Feb 24, 2017 7:42 pm

Cohabitation is defined as a couple holding themselves out to the community as married. Essentially it is like common law marriage, where a significant period of time must have passed, there is commingling of funds, and the parties act publicly as a married couple.

It cannot be proven with evidence from outside the household. It takes proof like utility bills, bank records, social media posts, and witnesses who think of the couple as married.
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Re: Co-Habitating In California

Unread postby iamthedad » Fri Feb 24, 2017 8:09 pm

BartSimpson wrote:Cohabitation is defined as a couple holding themselves out to the community as married. Essentially it is like common law marriage, where a significant period of time must have passed, there is commingling of funds, and the parties act publicly as a married couple.

It cannot be proven with evidence from outside the household. It takes proof like utility bills, bank records, social media posts, and witnesses who think of the couple as married.


Right. And I did find that definition online. I also found plenty that suggested that if she's living with someone, collecting rent, and not reporting it that there might be something to do there, but that's lawyers lawyering is what it sound like.

Tom Kirkpatrick wrote:
iamthedad wrote:.....I've had people tell me that in CA simply living with someone at least has the potential to allow for a reduction or even removal of spousal support.....
^^^^^.....in a relationship equivalent to that of marriage. Very difficult to prove.

1) Dig out your decree, dust it off, and read it. What does it say about alimony termination and/or modification??

2) Also: Cost-benefit analysis:
Q: How much alimony remains to be paid vs how much it would cost to fight this in court??
Ans: Only 12 months left?? It's not worth it.

Tom


Indeed the cost/benefit analysis was where I was ultimately going I guess. I agree that even if it were possible to challenge her on it it wouldn't be worth it at this point if the challenge cost much of anything at all.
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Re: Co-Habitating In California

Unread postby BartSimpson » Fri Feb 24, 2017 8:13 pm

Well, if you want something to worry about, she could be married and you wouldn't know it.

California has the unique Confidential Marriage License that doesn't show in the public records. Not only could she be living with the guy, but she could be legally married to him and you couldn't prove it.
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Re: Co-Habitating In California

Unread postby iamthedad » Fri Feb 24, 2017 8:34 pm

BartSimpson wrote:Well, if you want something to worry about, she could be married and you wouldn't know it.

California has the unique Confidential Marriage License that doesn't show in the public records. Not only could she be living with the guy, but she could be legally married to him and you couldn't prove it.


I assure you I don't sweat that. I'm close enough to shedding the burden of this spousal support nonsense. If rocking the boat is worth it I'll rock it, but otherwise I'm content. She's gotten away with a good deal through the divorce by hiding money and rental income and so on. It's too expensive to fight back when you're spending all your money focused on custody.
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Re: Co-Habitating In California

Unread postby BartSimpson » Fri Feb 24, 2017 8:40 pm

Like you said:

Time . . .
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Re: Co-Habitating In California

Unread postby hopeful dad » Sat Feb 25, 2017 2:04 am

I have seen counsel arguing, the only way mother can survive in this area is by co-habitating.
Moving forward with distress behind!
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