How Moving In With Someone New Can Impact Your Rights To Financial Support After A San Jose Divorce

Life after a divorce often brings significant changes, which include forming new relationships. You have every right to be happy and to move on with your life. However, if you receive spousal or child support in San Jose, moving in with someone new is a consideration and may impact your legal rights to these payments.

Our experienced San Jose divorce lawyer explains what you need to know about how California law applies, whether you receive alimony, child support, or both.

How Cohabitation Affects San Jose Spousal Support Payments

You may be entitled to spousal support payments after a San Jose divorce if you make considerably less than your former spouse or sacrificed your own career or education to support theirs. However, under Section 4323 of the California Family Code, spousal support can be reduced or even terminated if the supported party begins living with a new romantic partner.

The law presumes that a person who cohabitates with someone else has a reduced need for financial support, though that doesn’t automatically mean payments will stop. Key factors the court considers:

• Whether the cohabitation is romantic in nature.
• How long you’ve been living with them.
• Whether the new partner contributes to household expenses.
• The supported party’s current income and employment.
• Any language in the divorce judgment addressing cohabitation.

Your spouse can request a modification based on these changes, but they’ll need to show evidence that the cohabitation significantly affects your financial situation.

Can San Jose Child Support Payments Be Reduced If You Move In With Someone?

If you are a parent and filing for divorce through the Santa Clara County Family Court, the judge determines a reasonable amount of child support. Moving in with someone does not directly affect these payments, as the amount is based on the child’s needs and each parent’s income, not on the presence of a new partner.

However, some circumstances may indirectly impact child support calculations. These include:

• A parent’s income has changed due to a new partner’s support.
• The child’s living arrangements or time-sharing arrangements changed.
• The paying parent believes the child’s needs are no longer being met.
• The new household negatively affects the child’s well-being.
• Either parent petitions for a modification due to changed circumstances.

The court always prioritizes the best interests of children. While a new partner’s presence can change the household dynamic, it doesn’t eliminate a parent’s legal responsibility to support their child financially.

Worried About Support Payments? Contact Our Experienced San Jose Divorce Lawyer

Moving in with someone, whether a roommate or romantic partner, can impact your rights to spousal and child support payments in San Jose. At Argyris Mah, LLP, we can explain how the law applies in your particular case and the options available.

If you are worried about support payments, give us a call or contact our office online. For trusted legal guidance tailored to your situation, schedule a confidential consultation with our experienced San Jose divorce lawyer today.

Sources:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4323.&lawCode=FAM

santaclara.courts.ca.gov/divisions/family-division