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California Law Child Support

Living With a New Partner: Effect on Child Support

wpadmin March 1, 2018

You and your spouse have separated and gotten a divorce, and went through the process of establishing child support. However, in that period of time, you’ve decided to move in with your new boyfriend. Now your spouse is claiming that they don’t have to support your child because “your boyfriend can take care of the expenses since you two are living together.” You may wonder if this is true, and how you can move forward. We can help.

Living With Somebody Else and the Effect on Child Support

effect on child supportWhat effect on child support does it have when you move in with a new partner? If you live with somebody who is not the child’s parent, then that person does not actually have an obligation to support your child – their biological parent does. Usually, this means that living with a new partner will generally have no effect on the amount of child support you receive. However, if your new partner tends to buy many things for you and the child like food, clothing, and many other expensive items, your ex-spouse may still attempt to petition the court so that they can show this evidence and reduce child support payments. If your ex-spouse can prove that you and your child are living comfortably under your new partner’s roof, then technically the child support payments could be reduced.

Your support payments paid by your ex-spouse will remain the same if you have entered into an agreement that allows you to keep all your earnings and property separate from your new partner. This way, you will usually be guaranteed to keep your child support payments. The court only accepts changes in lifestyle, so your ex-spouse will have a lot to prove if these matters make it to court.

Also, failing to pay child support is a crime. This means, if your ex-spouse stops paying because they believe it is unfair but does not petition the court, they are breaking the law. We can help you with every aspect if this has happened to you. Call us today at the Law Office of Soheila Azizi & Associates for more information on how we can help you.

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Adrianne Fernandez 3/11/2021

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Beyond impressed! I had been self represented through years of family law and child support court hearings and was so hesitant to hire an attorney out of fear and trusting that they would appropriately represent myself and child. After tons of research I contacted Ms. Azizi. I immediately was greeted by Lorenzo, the Office Administrator, who made me feel so welcomed and comfortable. He assisted in making communication seamless and effortless and walked me through each step of the process. Ms. Azizi heard my concerns and was extremely sensitive to the matter of FAMILY. The team did an amazing job with discovery and building a strong case that gave me confidence and I was successful in coming to an agreement with the other party, in what has yet to have been the easiest hearing of all, thanks to them. Ms. Azizi settled my case after years of stress and agony. I am grateful for finding the team and Ms. Azizi and definitely recommend them for any of your legal needs!

Linda P 6/19/2020

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This law firm is the best! They have helped me so much with my Divorce and Criminal cases and I really wouldn't know what to do if I didn't have them to represent me. Lorenzo and Ro are awesome and are there to help at all times. My attorney was Mr.Edmondson and he has been amazing. This law firm is truly great and I will never go to any other one. Their responses are quick and will answer any questions you might have.

Diana H. 05/01/2021

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Seven stars. I had planned to put up my reviews after my final judgment but after the first hearing, couldn't wait, and I would write this whatever the outcome of my difficult case. Soheila was simply amazing in her arguments and strategy before the judge. I felt so taken care of. I chose her for her near-30 years of experience as an attorney, the depth and strength I observed in one who had weathered hardship through her many accomplishments, her compassion, and her smarts. I can't imagine what other attorney would have Zoomed with me even in sickness to help prepare me for a legal session. And I later saw how keen she'd been in her advice. I've been deeply touched watching Soheila and her paralegal Lynda Walker fight for my child as if he were their own. They in particular have treated me with great humanity - day and night from what I experienced at my former attorney's. Lynda is a gem, on her toes, flexible, hard-working, committed to each client, humble, and sweet. She has slaved over my case, doing much of the writing, watchful of me on paper and in person, guiding me gently while encouraging me to use my voice. The staff, including the office administrator Lorenzo and Linda C, is caring, respectful, and conscientious. A band of angels.
 
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