MY EX MOVED IN WITH A NEW PARTNER, CAN I STOP PAYING SUPPORT?

Every state has a set of rules put in place when it comes to child support. It does not matter if the parents were married at the time of the child’s birth or not, The Federal Child Support Enforcement Act requires each state to a minimum amount of child support based on the needs of the parent and child, as well as the amount of time each parent spends with the child. By using a system of calculations they are then able to determine a minimum amount of child support to be awarded. When you have moved on and live with someone else, it will not affect the amount of child support ordered. However, in the even that your partner helps either completely or partially pay for food, shelter expenses, clothes etc. for your child then the court can reduce the amount of child support you will receive.

However, it is up to the ex-partner to be able to reasonably prove that by your new partner providing for your child, that you have more money to spend on other expenses and aren’t in direct  need of a large sum of child support. However, a judge may use other factors beyond the system put in place to determine the amount of child support you can/will receive based on other factors such as financial resources the custodial parent receives.

It is a serious crime to refuse to pay child support. All states have a system in place for parents who are able, but unwilling to pay child support. Many parents who are behind or refuse to pay out of spite and anger wind up with a warrant placed in their name and they wind up behind bars. Jobs are also sent wage forms for those who are falling behind in which they will garnish the wages of those who fall behind due to failure to pay. Child support payments may only be changed with a form filled out with the court. If you are the ex-spouse and are ordered to support your children and happen to live with a new spouse and their children, you cannot get out of paying child support or get it reduced. You are under no-obligation to support another man/woman’s child and therefore it will not affect the current amount that you have been court ordered to pay.

With that being said, if you live with a friend or someone is assisting you in paying your bills it is also possible that a judge can take this in consideration. With the custodial spouse now having more money to deal with financial responsibilities such as rent, utilities, clothing, food and so forth, the judge may feel that you no longer require the original requested amount and lower the amount of child support. The same may go if your financial situation declines, through a modification form, the judge can order the ex-spouse to pay more child support to the custodial parent.

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