My 19 year old son moved in with his father in Virginia to attend college there. Since he moved in, his father and wife are now going through a divorce, and the father moved out. My son is still living in the house with the soon-to-be ex-wife and her daughter. My son works a part-time job and attends school. The ex-wife has no problem with him staying in the house, as long as he pays for his own food. She does have an attorney for the divorce. My question to help my son is, does the wife have any power to go after my son's income if he stays in the house? I'm worried that with the advice of her attorney, she might go after my son's income since he is a household resident and an adult. Thank you!!!
1 Answer from Attorneys
Thank you for this question.
Without any existing legal obligation to the ex-wife in place, I do not see a claim available to her. The most obvious possible obligation that could exist would be a landlord-tenant relationship but she is not charging him rent, so at present this is just a future possibility.
Nonetheless, I believe that if I were your son, I would get the lodging arrangement in writing signed by both parties to protect him against any future claim.