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If I cohabitate post divorce, can my alimony be adjusted or terminated? Can my received child support be adjusted?

Kailua, HI |

Hawaii decree. Does not include any statement on cohabitation conditions. Only states termination of alimony if remarried. No mention of child support adjustment if cohabitating, no mention of alimony adjustment if cohabitating.

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Attorney answers 1


Alimony in Hawaii is based upon a number of factors, the most important of which are the receiving spouse's demonstrated need; the paying spouse's ability to pay alimony as well his his/her own living expenses; the demonstrated customary standard of living established during the marriage; and the length of the marriage. If you cohabitate, this may affect the "need" analysis, and as such, it could certainly have an impact on your alimony, if there is a motion filed for a reduction. Your child support should not be particularly impacted by your cohabitation, unless there is an increase/reduction in child care expenses, or unless your alimony is adjusted (which affects your income for child support purposes).

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