Bonk
recently joined
Reged: 04/12/07
Posts: 2
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Hello All,
I have a question, my parents are in the middle of a divorce. I live with my mom, who was physically and mentally abused by my dad. I live with her, my 2 sisters who are 17 and 5. I'm 23, and they are claiming that since i'm of age over 18 years. They can base her spousal support based on me. Meaning that if i had to live on my own i would be paying rent, so i should be paying rent to her. So they can give her less money on that fact. So they are stating that she could get less and I pay the rest that would be considered rent. The divorce attorney is claiming that this is coming from the judge. Is this legally possible, can someone show me a section of law to support or deny this theory.
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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Well, yeah, sorta. If your mom had a roommate/renter, she'd have to claim that money as income...which would count against her "need" for spousal support.
Since you are an adult, certainly old enough to support yourself, you could/should be paying some sort of rent. They can "impute" the rent you aren't paying as income to her.
Sounds pretty cheap and far-fetched, but it sounds like the card they are playing.
If I were you, I'd move out until her divorce is final...taking that issue off of the table. You don't have to "technically" move out, but go rent a room from someone so you can show a lease....proving that you don't live with your mom.
What you are saying IS legally possible and there is no section of the law that anyone can show you, because alimony is subjective and totally up to the judge's discression.
Play it safe...move out until this is over.
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madalex
enthusiast
Reged: 01/08/07
Posts: 261
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One factor (among many) in determining an amount for spousal support is the respective income of the two spouses. It sounds like the argument is that as an adult, you should be paying rent to live in your mother's house, so that as a result your mother should have imputed to her income in the amount of that rent (I wouldn't think that you would actually have to pay that amount in rent). Thus, if your mother's income is higher (due to that imputed income), then the amount of spousal support payable would be lower. It's unlikely that any judge has ordered it to be that way, but if that is the case, what does your mother's attorney say about that?
In any event, it is certainly something your father could argue to reduce his potential spousal support obligation, but it does not sound like a winning argument to me.
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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I actually have a better idea. Have your mother HIRE you as a live-in nanny. You said she has a 5 year old, right? So not only are you NOT a renter, but you are a live-in nanny that COSTS your mother...oh, say...$600 a month, plus living expenses. Then your dad's CS will go UP due to the child care costs.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Oh yeah listen to Susan and commit all kinds of different fraud scenarios. I think the "daugther is my nanny" will play as well as "the daugther is a room mate".
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13.1...because I am only half crazy!
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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Hey, with a 5 year old, it's perfectly reasonable to have a situation where your adult child lives with you in exchange for help with the young child.
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hippie1981
veteran
Reged: 09/27/05
Posts: 1304
Loc: Wisconsin
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Are you going to college? If so, I don't think its unreasonable for you to still be considered a dependent and therefore the "rent" argument is moot.
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Debbie_L
Pooh-Bah
Reged: 06/06/05
Posts: 2031
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When I was your age I had a baby of my own, and did have to move back in with my parents for some time (and no I wasn't paying them rent). I would have hated for my presence in their home to have to count as income for them.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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[quote]When I was your age I had a baby of my own, and did have to move back in with my parents for some time (and no I wasn't paying them rent). I would have hated for my presence in their home to have to count as income for them. [/quote]
When figuring money for many things total HOUSEHOLD income is considered. It is not different than step parent income being configured in the FAFSA $$$ for the CP's college kids. You can't say you need X amount of money when you have other adults contributing financially to your household.
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13.1...because I am only half crazy!
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Debbie_L
Pooh-Bah
Reged: 06/06/05
Posts: 2031
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I don't get the impression the poster is contributing financially to the mother's household. Why? Not sure - maybe she's in college. I know for sure I wasn't contributing to my parent's household at that time (draining finances yes - contributing, no).
PS - I do think that if she isn't in school full time, that she should be working and paying at least some room and board.
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