what does "further orders of the court affecting the spousal maintenance obligation, including finding of cohabitation" mean?

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Asked 8/26/2013 9:42:20 PM

Updated 7/8/2023 12:02:54 AM

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User: what does further orders of the court affecting the spousal maintenance obligation, including finding of cohabitation

User: what does "further orders of the court affecting the spousal maintenance obligation, including finding of cohabitation" mean?

Weegy: If you are paying spousal support to your former spouse and your former spouse starts living with someone of the opposite sex, does that affect your spousal support obligation? The answer is, as with most family law questions, it depends. [ If you are facing this question and your divorce has been completed, the first and most important place to look to determine what affect cohabitation has on your support obligation, is in your Judgment for Dissolution. If your Dissolution proceeded by way of Stipulated Judgment, support will be terminated or modified as you and your former spouse agreed when you entered into that Stipulated Judgment. Some spouses will agree that spousal support will terminate upon the supported party’s cohabitation with a person of the opposite sex, other parties will agree, for example that spousal support will not be modified at all for any reason for “x” number of years. It is important to check the terms of your Judgment to determine if and when support may be modified. If your Judgment is silent on the issue of cohabitiation and only states that spousal support will be modified upon further order of the court, or if your divorce is still pending and you have not entered into a final Judgment yet, your former spouse’s cohabitation may result in your support obligation being modified or terminated altogether. Family Code Section 4323 provides that “[e]xcept as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate spousal support ...” The Court presumes the supported party has a reduced need for support because they are, presumably, sharing in expenses, such as rent, utilities, groceries, etc. with the person they are cohabiting with. Keep in mind though, this is a rebuttable presumption, meaning that cohabitation does not automatically modify or terminate support. Various factors could be used to rebut this presumption. ]
Expert answered|amartin123|Points 50|

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Asked 8/26/2013 9:42:20 PM

Updated 7/8/2023 12:02:54 AM

1 Answer/Comment

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KuyaBert_09

It refers to additional instructions or decisions from the court regarding the spousal maintenance obligation, such as determining cohabitation.

Added 7/8/2023 12:02:46 AM

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