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Gary Ennis · Aug 2, 2008, 08:07 AM

My ex-wife just took me back to court and has doubled what I have to pay now for my last child (1,000 a month). She has recently moved into a one bedroom apartment. Currently my oldest who is over 18 is also living with my ex-wife and my other son who is 15 all share the same bedroom. My boys have a mattress on the floor. She also gets money from my oldest son for rent. With the extra money she now has isn't there a law that requires her to have a two bedroom apartment. Thank you for your help in this matter. Concerned Father

JudyKayTee · Aug 2, 2008, 08:19 AM

Originally Posted by Gary Ennis

My ex-wife just took me back to court and has doubled what I have to pay now for my last child (1,000 a month). She has recently moved into a one bedroom apartment. Currently my oldest who is over 18 is also living with my ex-wife and my other son who is 15 all share the same bedroom. My boys have a mattress on the floor. She also gets money from my oldest son for rent. With the extra money she now has isn't there a law that requires her to have a two bedroom apartment. Thank you for your help in this matter. Concerned Father

Did you mention this concern in Court?

I am not aware of any such regulation/law. I have seen programs which underwrite rent have requirements but nothing for a private rental.

What State?

Gary Ennis · Aug 2, 2008, 08:22 AM

No I did not ask this in court, probably should have just didn't think about it.

It is in California.

Fr_Chuck · Aug 2, 2008, 10:45 AM

Not really any law, If you go though CPS , they may have some requirements for their guidelines. Also in child custody, the court may have some opinons that want a better household

TRUCKDRIVER0406 · Aug 4, 2008, 01:22 PM

I know in Texas they only let you have two people to a bedroom when renting. Why not try calling the apartments where she lives and inquire about limitations on occupancy per bedroom... you don't have to tell them why you are asking... just act as if you are a potential renter.

JudyKayTee · Aug 4, 2008, 03:57 PM

Originally Posted by Gary Ennis

No I did not ask this in court, probably should have just didn't think about it.

It is in California.

Got to ask - did the sleeping arrangements concern you before child support got "doubled?"

Is this just a "bad taste in your mouth" problem?

If you cause a problem here and she makes an argument that it's either a false report to CPS or she cannot afford a large apartment you could very well find yourself paying even more than you are now to say nothing of the other problems.

Unless something inappropriate is going on I'd keep this to myself - it sounds very much like sour grapes. And give her a chance to find another apartment.

twinkiedooter · Aug 8, 2008, 10:24 AM

You could call the County Zoning Dept where the apt is located that she lives in and ask them what are the living arrangements per person in a bedroom. They have all sorts of combinations that they allow and all sorts that they don't allow. I think she would need a two bedroom apt to be legit from the sounds of it. BUT as Judy pointed out so aptly, you could be adding to your woes and be ordered to pay more support.

amricca · Aug 8, 2008, 10:37 AM

There is a law in some counties that only 2 people per bedroom are allowed, but unfortunelty you can have more than that if you are all blood related.

JudyKayTee · Aug 8, 2008, 11:16 AM

Originally Posted by amricca

There is a law in some counties that only 2 people per bedroom are allowed, but unfortunelty you can have more than that if you are all blood related.

I've never seen this law - where did you find it?

N0help4u · Aug 8, 2008, 11:27 AM

I have never seen a law but it is more an unspoken rule of thumb and as Judy said if CYS, section 8 or some legal agency is involved they can and will often enforce it. Also if you want custody and have more kids in a room the court/CYS will tend to go with the parent that has more room or at least take that into part of their consideration.

amricca · Aug 11, 2008, 08:47 AM

Judy - It is written in the Municiple Code in the County I live in, it was set up for ski bums and non-resident workers because they tend to put a lot of people in a small place to save money on rent, which is really bad for the plumbing and neighbors. The police enforce this law, but apparently cannot do anything if everyone is blood related. Most condos and apartments have this rule as well.

N0help4u · Aug 11, 2008, 08:54 AM

Yes I have heard that there are ordinances that do not allow multiple families to share a house to the point that it is considered crowded (usually the 2 per bedroom rule). Not sure how it is enforced as far as legally though. Does the municipality force the landlord to evict or what?

amricca · Aug 11, 2008, 09:05 AM

Our HOA will fine the unit owner everyday until they get some people out of there, I'm not sure what the police do about this. I assume there would be some kind of fine to the unit Owner, who is not aware of the situation most times. We had a 780 SF 2 bedroom unit with 12 beds in it at one point.