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  Court: Living with boyfriend doesn't end woman's need for payments from ex-husband

By Judy Wiff

RiverTowns staff

Saying there was no proof a woman benefited financially from living with her boyfriend, an appeals court reversed a Pierce County judge's decision to suspend maintenance payments from the woman's ex-husband.

In a decision filed Tuesday, the District III Court of Appeals sent the case back to Judge Robert Wing to further examine the woman's financial status.

According to background in the decision, the woman and her husband divorced after 23 years of marriage. During the marriage, he earned his master's degree and got a job as a high school principal.

At the time of the divorce, his annual salary was $70,000. The wife, who was primarily responsible for raising their five children, had an annual earning capacity of $24,000.

The court ordered the ex-husband to pay his former wife monthly maintenance of $1,283 indefinitely. He was also ordered to pay $339 a month child support.

In 2008 their youngest child moved in with his father, who then asked the court to terminate maintenance to his ex-wife and order her to pay child support.

During a February 2009 evidentiary hearing the woman testified she was living with her boyfriend and contributed $955 to his monthly household expenses. She said they had no plans to marry.

The woman also testified that her primary income came from seasonal construction work, her 2008 income was $35,988, and she expected 2009 would be slow. She said she didn't know her boyfriend's annual income but estimated it was $50,000 to $70,000 a year. But, she said, he is a carpenter and "his job is iffy."

At the time of the hearing, the ex-husband was earning $86,000 plus benefits. His current wife also earned an income.

The ex-wife figured she was entitled to $2,515 monthly maintenance from her former husband, but Judge Wing declined to raise her maintenance and instead suspended it completely. But he did not order her to pay child support.

Wing said he didn't think a "three-year continuous relationship" is different than a marriage.

"If you look at marriage as an economic relationship, I don't see it much different than what (the ex-husband is) currently involved in," said Wing. He suggested the best solution would be to suspend maintenance but not require the woman to pay child support.

Wing did not permanently terminate maintenance, saying while the woman didn't need it now, that could change.

The appeals court found that Wing "did not identify any particular financial benefit (the woman) received from her living arrangement with (her boyfriend)."

The higher court said it's not clear what obligation the boyfriend has to support the woman and she has no apparent interest in his home, salary or retirement plan.
Published 08:40 Mar-17-10 
 


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