Do you Pay Child Support if your Ex is Living in your Home?

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

A house attorney has answered this question.

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