“My friend took his ex-wife and child back into the house as he did not want them living in the streets. He is still paying child support and the checks are being mailed to her but at his address. Is this legal? Please advise and thank you.”

It is legal. If they are still separated - i.e. no intent to be married - then he still has the obligation to support the child. He may be entitled to a modification because he is supporting the child or has more timeshare. However, until a court order is changed, an order is an order. Instead of changing the support order, and if they think the living arrangement is only temporary maybe she would be willing to kick back some support money for household expenses. The facts hint at a potential justification to change custody, but that would be based on what is best for the child.

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Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.