Posted on May 12, 2015 6:05pm EDT
In the case that the person living with you is someone other than the child’s other parent, this person is under no obligation to support your child. The other parent will be made to pay support regardless of whether you live with someone else or not. On the other hand, if your new partner provides you food, clothing, or other items, your former spouse can ask the court to lower their child support obligation. They will be required to show that your new partner pays many of their child’s expenses which frees up more of your income.
If you do receive child support while living with your new partner or new spouse, you should consider signing an agreement which would allow you to keep your income and property separate so as to protect yourself from losing your support payments.
In the case that your ex-spouse acts out of spite by quitting their job or refusing to look for work to get out of paying support, the court will in all likelihood structure support payments based on their ability to work alone. Refusing to support your child so long as you are able to do so is a crime, and repeat offenders can be forced to spend time in jail or be denied professional license or passports. Their wages may also be garnished by the state.
How much a parent is required to pay in child support is ultimately determined by the court and the amount can only be changed by the same court. If you are paying child support and are living with another person, perhaps with children of their own, the judge will not reduce your original child support order since you have no legal duty to support your new partner and any children they may have.
If you need to obtain a support modification or your ex-spouse is refusing to pay the ordered amount, consult with a Virginia Beach divorce attorney from The David McCormick Law Group.