You could not must pay youngster assist when your ex is with another person, the Utah court docket dominated
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SALT LAKE CITY, Utah – If your ex is with someone else, you may no longer have to pay child support, the Utah Court of Appeals ruled.
In a ruling issued over the weekend, the state appeals court upheld a lower court ruling to cut a woman’s $ 7,000 monthly alimony after it was found she had started living with a new boyfriend.
The case began with a couple divorced in 2008. In 2012, a man suspected his ex-wife was living with someone else, so he hired private detectives to shadow her. When he got the evidence he needed, he went to an Ogden judge to stop their alimony, the KSTU said.
The ex-wife appealed and questioned the judges’ definition of “living together”. In his judgment published on Saturday, Judge Ryan Harris wrote that there are three factors that lead to coexistence:
“Although the uniqueness of each marriage-like relationship precludes the development of a fixed and rapid set of elements that make up living together, our Supreme Court has identified three general ‘characteristics’ of the type of relationship that defines living together:’ a common residence, and intimate relationship and a common household with shared expenses and shared decisions, ‘”he wrote.
In this case, according to the appeals court, all circumstances coincided with the definition of “coexistence”. (The court also dismissed arguments about personal property related to the divorce.)
The case strengthens arguments about alimony in a divorce and when payments can be stopped. Earlier this year, Utah state legislature passed law that would allow people to petition the court for a child support change if your ex starts living with someone else.
Maintenance, which is defined as a court-ordered arrangement for a separated spouse, is not child maintenance normally provided by a divorced parent who is not custodial under a court order to support minor children.
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