Does the fact that a husband and wife are still in common law marriage after divorce invalidate or suspend a child support order?

California, United States of America


The following excerpt is from Helgestad v. Vargas, 180 Cal.Rptr.3d 318, 231 Cal.App.4th 719 (Cal. App. 2014):

The cases that take the view cohabitation somehow voids or suspends the ongoing support order take a different tack. In substance, they say that cohabitation has the legal effect of depriving an ongoing child support order of legal force during such a period. A good example of this group is Thomas v. Thomas (Okla.Civ.App. 1976) 565 P.2d 722, 723724, which noted that while there was no ceremonial remarriage, the couple's cohabitation after divorce constituted a common law marriage, which had the effect of nullifying the previous support decree from the divorce action.9

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