Cohabitation - the legal definition

[heidiwine]

Can any of the lawyers here help me out...
I have a friend who is divorced. Her ex husband is a high earner and she gets well above CSA recommended maintenance. Her boyfriend is planning on moving in while he gets work done on his flat. Her ex husband has said that they will need to discuss her maintenance being reduced for the period of time that they 'cohabit'. She is furious. I said I'd ask mumsnet. Is her ex within his rights (legally) to do this?

[titchy]

Not a lawyer, but as long as he pays the CSA minimum yes he can.

[titchy]

Assuming maintenance isn't court agreed of course...

[ivykaty44]

If there is a court order for maintenance what does it state? It could after all be child and spousal maintenance he is paying for all we know and state the spousal maintenance will stop when she cohabits.

Her ex could get a court order changed anyway, nothing to stop him taking it back to court and asking for it to be changed and giving his reasons why.

If there isn't a court order though the ex could go through the CSA and get the payments sorted that way. I think if a court order is in place then the CSA can't get involved.

TBH I think your friend is on a sticky wicket to be furious

[prh47bridge]

ivykaty44 isn't quite right. The CSA can get involved even if there is a court order in place provided the order was made more than 12 months ago.

The courts only make orders for child maintenance in limited circumstances. If there is a court order regarding child maintenance that was made more than 12 months ago he can refer the matter to the CSA. Their calculation will then replace whatever it says in the order. If he is a very high earner and the courts have ordered him to pay an additional amount over and above anything due through the CSA that will not be affected by referring the case to the CSA.

If there is an order in place for spousal maintenance it may state that spousal maintenance ends if she cohabits. Even if it doesn't say that he could apply to the courts for a variation due to a change in circumstances. He may be able to get the courts to reduce or remove spousal maintenance.

If there is no court order in place any maintenance is by agreement between your friend and her ex. In that case it is open to him (and her!) to suggest a change at any time for any reason. I note that he has only said they will need to discuss this rather than saying he is definitely going to reduce maintenance. If she is unhappy she could take the matter to court but that would only help if the courts were likely to order a higher level of maintenance than he is willing to pay.

[Collaborate]

There is no legal definition for cohabitation. Each case is looked at on its merits.

[heidiwine]

Thx she is furious because the cohabitation is only temporary and she thinks he's trying to wriggle out of paying maintenance...

[ivykaty44]

prh47bridge Thanks for that - I wasn't sure, as I had a court order and it was over 10 years old they said they wouldn't touch me with a barge pole - but I know others that the told it was different, and I am never to sure with regards the information the csa give.

[STIDW]

Just to clarify, since March 2003 normally the CSA has jurisdiction for child maintenance. The exceptions are when one of the parents lives abroad, there are step children or over 18s in education. Child maintenance can be agreed in a consent order settling the overall finances on divorce. After 12 months either parent can apply to the CSA, the CSA notify the courts and the consent order ceases to have any effect in respect of child maintenance.

When there is a court order predating 3rd March 2003 the CSA cannot be involved so the courts retain jurisdiction.

[ivykaty44]

that makes sense then STIDW - as my court order was well before 2003, thank you for the clarification