Legal Question in Family Law in Virginia
I am a step parent to a 17 year old male who will turn 18 in Sept. 2010. Currently he lives with me and his mother, my wife, in our home. She has custody of her son, and receives child support from his father. Although both mine and my wife's name is on the mortgage, I alone pay for the mortgage out of my income, which also pays for other household costs, and is not accessible to my wife. I do not, nor want, access to her child support funds. Based on a past brief conversation, it appears they have come to an arrangement whereas he will pay a monthly rent to my wife only so he can live in our house after he turns 18. Not only have I not agreed to this arrangement and rental cost, I have not been made a part of any discussion on this subject at all.
I am aware that we are not obligated to allow him to live with us past his 18th birthday. I am also aware my wife and I have equal right to negotiate and agree on rental terms for him in our home. He and I do not get along, therefore I do not want him, or anyone else for that matter, as a renter in my home. As a co-owner, I'm sure my wife has the right to allow him to live there rent-free. Besides the attempt to leave me out of rent negotiations, my lack of desire to support someone with no aspirations and no income to pay rent, what other arguments can I use to convince a judge to award an injunction to disallow my stepson from living (perfectly OK to visit) my home?
1 Answer from Attorneys
First of all, if the boy is attending high school, the father paying his child support would be obligated to continue paying the support until the boy turns 19
or graduates from high school, whichever occurs first.
Secondly, as you've already pointed out, if your wife as a co-owner of the
property wishes to allow her son to continue living in your home beyond the above referenced date and irrespective of the circumstances, she would have the
right to do so and it would be very unlikely that any court would order
otherwise (in my opinion).
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